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.
The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. This Office does not provide free legal advice by telephone. A 15 Minute Consultation can be obtained at no cost for certain types of legal cases, but to obtain same, an Office appointment is required. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided on line in response to the limited information is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.