Same sex adultery

[Irony Betrayal]

What is the name of your state (only U.S. law)? Pennsylvania
My husband and I have an open marriage agreed upon from the beginning. He is gay, I am straight. We have one son. He has filed for a no-fault divorce. I filed for spousal support. He raised the issue of entitlement based on my having had intercourse before our separation. (I had a couple discreet encounters. He bragged about his continuous sexual escapades and then entered a monogamous gay relationship which lead to our separation). My lawyer's defense is that he was engaging in the same behavior. But, my husband claims that same sex relations are not recognized in Pennsylvania as adultery.

Any thoughts? examples?
Thanks!

 

[Silverplum]

What is the name of your state (only U.S. law)? Pennsylvania
My husband and I have an open marriage agreed upon from the beginning. He is gay, I am straight. We have one son. He has filed for a no-fault divorce. I filed for spousal support. He raised the issue of entitlement based on my having had intercourse before our separation. (I had a couple discreet encounters. He bragged about his continuous sexual escapades and then entered a monogamous gay relationship which lead to our separation). My lawyer's defense is that he was engaging in the same behavior. But, my husband claims that same sex relations are not recognized in Pennsylvania as adultery.

Any thoughts? examples?
Thanks!

Since you have an attorney, I advise you to listen to him/her. S/He is well versed in local attitudes, how the judges view issues in your area.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Pennsylvania
My husband and I have an open marriage agreed upon from the beginning. He is gay, I am straight. We have one son. He has filed for a no-fault divorce. I filed for spousal support. He raised the issue of entitlement based on my having had intercourse before our separation. (I had a couple discreet encounters. He bragged about his continuous sexual escapades and then entered a monogamous gay relationship which lead to our separation). My lawyer's defense is that he was engaging in the same behavior. But, my husband claims that same sex relations are not recognized in Pennsylvania as adultery.

Any thoughts? examples?
Thanks!

He is correct that in PA (at least as far as divorce is concerned), adultery must involve a man and a woman and penetration.

He is NOT correct in his belief that his sexual activities will be completely ignored. It's not called adultery, but that doesn't mean your attorney can't bring it up.

Let your attorney handle it.

 

[xylene]

The fact that you BOTH gave and enjoyed open and notorious consent to sexual behavior outside of marriage:

My husband and I have an open marriage agreed upon from the beginning.

ie the marriage continued without the affairs being problematic - reconciliation...

well what this means is that these sex games will likely not have any bearing on your spousal support claim.

 

[Irony Betrayal]

Thank you for replies so far. They have reflected my attorneys strategy. Part of the problem is that my attorney practices in Harrisburg (close family friend) and we are in Philadelphia, so she doesn't really know the local judges and attitudes. Since my husband and I have had no appreciable assets or debts since we were married, we thought this would be a straight forward divorce, and I didn't get a local attorney. I never dreamed he'd open a door like this.

 

[Silverplum]

Thank you for replies so far. They have reflected my attorneys strategy. Part of the problem is that my attorney practices in Harrisburg (close family friend) and we are in Philadelphia, so she doesn't really know the local judges and attitudes. Since my husband and I have had no appreciable assets or debts since we were married, we thought this would be a straight forward divorce, and I didn't get a local attorney. I never dreamed he'd open a door like this.

Personally? I'd hire locally. It makes a difference, IMHO.

 

[xylene]

Personally? I'd hire locally. It makes a difference, IMHO.

Hire a local EXPERT.

Your divorce is probably beyond the amicable family friend lawyer league.

ALSO - I am not sure what you mean by your husband 'opening the door'

From your post your husband wants a no-fault divorce

You want a contested divorce for cause with spousal support reflective of being 'wronged' by sexual infidelity...

in a polyamorous open marriage...