adultry grounds, can he prove this

[Jamie93]

mississippi

ok husband has filed divorce on grounds of adultry, because in 1995 i did have a brief affair however, we reconciled and stayed together untill 2000. Their defense is that because of this , there was a predisposition on my part to commit adultry. Ok now we sepaparated in june 2000, filed for divorce on irreconsilable differences, i met someone and went away for the weekend in sept, now he stopped divorce and filed on grounds of adultry. I know they cannot prove any adultry with this guy( sept weekend) but does the previous affair prove predisposition. the story gets longer. this is really a custody fight and their job is to make me look terrible if we continue.the other part of the story is that the affair i had in 1993, involved a former patient of mine( am a nurse)my attorney is advising me to try to reach an aggreement with my husband, i assume because it doesnt look like it would be easy to win.im not sure what to do and would love another opinion on the matter,


thanks

 

[Jamie93]

typo, only one affair in 1995

 

[Tigres]

So, the question we are asking is "Can he prove this?"

Could he get copies of your motel bill? Maybe, but unless you listed both names on it, won't hold up. The only way he can prove that you had this weekend thing, is if he had a detective follow you around. You worry about that, we aren't going to!

The prediliction thing has nothing to do with it. You separated because of it. You reunited despite it. Unless he proves that you have done something since then (or something he didn't know about) , there is nothing to worry about on your part. Simply put, he said he forgave you and now he's changed his mind doesn't fly too well in court.

Ok, from a more official source...

When the divorce is prayed for on the ground of adultery, in some and perhaps in most of the states, it is a good defence, 1st. That the other party has been guilty of the same offence. 2. That the hushand has prostituted his wife, or connived at her amours. 3. That the offended party has been reconciled to the other by either express or implied condonation. 4. That there was no intention to commit adultery, as when the party, supposing his or her first husband or wife dead, married again. 5. That the wife was forced or ravished.
http://www.lectlaw.com/def/d187.htm

definition of condonationCONDONATION - Term used in canon law, but now generally obsolete, meaning a forgiveness by the husband of his wife or by a wife of her husband, of adultery committed, with an implied condition that the injury shall not be repeated and that the other party shall be treated with conjugal kindness.

It may be express or implied as; if a husband, knowing of his wife's infidelity, cohabit with her.

For many reasons, condonation is not held so strictly against a wife as against a husband. As all condonations, by operation of law, are expressly or impliedly conditional, it follows that the effect is taken off by the repetition of misconduct and cruelty revives condoned adultery.

Where the parties have separate beds there must, in order to find condonation, be something of matrimonial intercourse presumed; it does not rest merely on the wife's not withdrawing herself.

Condonation is a bar to a sentence of divorce. In Pennsylvania it was enacted that 'in any suit or action for divorce for cause of adultery, if the defendant shall allege and prove that the plaintiff has admitted the defendant into conjugal society or embraces, after he or she knew of the criminal fact, or that the plaintiff (if the husband) allowed of his wife's prostitutions, or received hire, for them, or exposed his wife to lewd company, whereby she became ensnared to the crime aforesaid, it shall be a good defence, and perpetual bar against the same.'
--b--



Tig

http://smilecwm.tripod.com/net5/a_smil08.gif

[Edited by Tigres on 12-07-2000 at 09:29 AM]

 

[LegalBeagle]

mississippi

ok husband has filed divorce on grounds of adultry, because in 1995 i did have a brief affair however, we reconciled and stayed together untill 2000. Their defense is that because of this , there was a predisposition on my part to commit adultry. Ok now we sepaparated in june 2000, filed for divorce on irreconsilable differences, i met someone and went away for the weekend in sept, now he stopped divorce and filed on grounds of adultry. I know they cannot prove any adultry with this guy( sept weekend) but does the previous affair prove predisposition. the story gets longer. this is really a custody fight and their job is to make me look terrible if we continue.the other part of the story is that the affair i had in 1993, involved a former patient of mine( am a nurse)my attorney is advising me to try to reach an aggreement with my husband, i assume because it doesnt look like it would be easy to win.im not sure what to do and would love another opinion on the matter,


thanks

He has no grounds for adultery on the first count since you reconciled. That basis means he accepted it and is ok. So that is out. This latest incident he need to prove. Hearsay and beliefs mean nothing. He would have to get witnesses and actual hard evidence that you actually had sex with this other person. If you do not have an attorney, then get one.. otherwise state the facts to a judge and have it thrown out.

 

[Jamie93]

Thanks so much you guys. I sort of already knew the answer , but it sure helps to hear it from someone else.