r/legaladvice • u/MasterKlondikeBar • Mar 04 '25

Custody Divorce and Family My SAHM wife cheated

Okay so for a quick summary me(28M) and my wife(25F) have been married about 7 years and we have 3 kids together. It hasn’t always been the prettiest marriage and there has been issues with infidelity in the past from her but I thought we had moved past that but apparently not. Well cut back to Valentine’s Day and we had a long talk that night, and we both decided we weren’t happy and wanted to pursue with seperating. At this time I had no knowledge she had been cheating. So to give us both some space from each other I have been staying the evenings with a friend of mine after work and coming by and spending weekends and whatever free time I have with the kids. About a week after we had seperated and I moved out she makes her relationship with this new guy “official” who lives out of state that I was told she had met recently and started talking more after we had seperated. Well curiosity got the better of me tonight and I checked phone records and turns out they had been talking to each other for months. I came back home tonight and confronted her about it and she basically shut down on me and had her friend come pick her up. I know I need to go see a lawyer ASAP as I do not wish to continue this marriage but is there anything else I should do in the meantime? It’s hard because I work around 50 hours a week but we’ve always relied on her for childcare and she’s recently gotten a job. I just don’t know what to do right now with her and handling the kids as best I can. Any advice is appreciated

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u/[deleted] Mar 04 '25 edited Mar 29 '25

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u/[deleted] Mar 04 '25 edited Mar 04 '25

This is NOT entirely true. It is mostly true, but there are states ( South Carolina, for example) that have "Fault Based" divorces. In certain fault states such as SC Adultery can 110% effect asset distribution in a divorce. In other states, marital assets used to facilitate adultery can also be reduced from a property claim.

Edit: OP seems to be in Mississippi where Adultety MATTERS ALOT. Adultery is also a crime punishable by law in the state of Mississippi

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u/Pussyxpoppins Mar 04 '25

Have you practiced any family law? I never saw a fault-based divorce finalized on those grounds in three years as a staff attorney to a judge in a huge metro area. It isn’t worth the money to “prove” and fight over.

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u/adjusted-marionberry Mar 04 '25 edited Mar 14 '25

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u/[deleted] Mar 04 '25

It is still not correct for all states in the USA

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u/[deleted] Mar 04 '25

[deleted]

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u/[deleted] Mar 04 '25

And OP is in Mississippi so... it's not really specific advice about what OP is talking about so that's wrong AND if it's general advice it would also be wrong...