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

Asked about 1 year ago - 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. W. S. Watts III

    Contributor Level 7

    Answered . 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.... more
  2. Deanna Lynn Whitley


    Contributor Level 10

    Answered . 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... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Adultery: When Your Spouse is Unfaithful

Adultery is when one or more parties involved in sexual relations are married, but not to each other. It is a leading cause of divorce.

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