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What are the grounds for divorce if husband had a child out of adultery?

Millbrook, AL |
Filed under: Divorce Adultery

Is it mental cruelty for a husband to cheat on his wife?

Attorney Answers 1


Of course it is, but the real question is whether or not it is actionable. Adultery is a grounds for divorce in nearly every state in the union, but incompatibility is much easier to prove. People frequently get stuck in the early stages of divorce expending energy trying to prove that the other party is a "bad" party as justification for the divorce, instead of concentrating on getting the information for the necessary division of assets and debts, custody and companionship issues, pension and other hard issues which need to be resolved. If one party wants a divorce, they can get a divorce on the basis of simple incompatibility. Proving the more extensive grounds of adultery can have some relevance when it comes to issues such as spousal support, if your state favors those types of determinations. Part of this will also depend upon your trial judge and or magistrate hearing the action. However, the first thing you need is to determine if you wish to actually divorce, or if this is something that you wish to work through. Secondly, if you do decide to divorce, then you need to hire good legal counsel, local counsel, to guide you through this process.
I'm sorry that you're going through these difficult times. People can be cruel, which is most unfortunate. Good luck.

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Thomas Logan Davis

Thomas Logan Davis


I agree 100% with this answer.

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