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Going through divorce, can husband use any evidence toward my character such as adultery if we had sex during separation?

Dillon, SC |

he claims to have photos and emails of me with other men and has threaten to use it in court if I do not agree to his divorce settlement. We have had sex numerous times during separation. Without asking my lawyer and having to wait another year, can this info be used against me considering we have had sex.

Attorney Answers 2


  1. Yes, in Texas. Certainly, the fact that you reconciled with him will mitigate his claim that infidelity caused the divorce.

    Any answer or response to your question I may provide does not establish or constitute an attorney-client relationship and is for general informational purposes only.


  2. Such evidence can be used in court and post separation sex with your spouse doesn't cancel it out automatically. You should not keep information like this from your currently retained attorney. How can your attorney best advise and represent you if they don't know about the potential claim of adultery by your spouse and your post separation sex? Are you sure such evidence of adultery exists? Is the potential of having to wait additional time to finalize the divorce worse than agreeing to a settlement you don't really agree with? I surely wouldn't want to find out information like this about my client in the middle of a hearing.

    Answers to questions are offered for information only. It is not, nor should it be construed as, legal advice. Also, please keep these points in mind: No Attorney-Client Relationship: Use of this site and sending or receiving information through it does not establish an attorney-client relationship. No information on the site, nor any information sent or received through it, is considered confidential or privileged. No Guarantee: Lawyers at Smith Watts & Associates make a case-by-case assessment of any claims. Results may vary depending on the facts involving each case.

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