Divorcing a Cheating WifeDivorcing a cheating wife is a difficult and painful process that many men go through every year. It may not be as well-publicized but many men have found themselves on the receiving end of unfaithful behavior. Men are often more embarrassed to admit that their wives have cheated on them. They believe that being the victim of infidelity makes them appear less masculine. These men should not let their personal feelings force them to remain in unhappy marriages. Divorcing a cheating wife is something that a man needs to do so that he can move on to a healthier chapter in his life. Speaking with one of our compassionate and experienced divorce attorneys is the best way to get things moving in a positive direction.

Divorcing a Cheating Wife  – We Can Help!

When some men file for divorce, cheating wife issues are at the heart of their decision, though they may not initially reveal this. They might explain that the couple has “irreconcilable differences.” Only when behind closed doors with their attorneys do these men reveal that their wives have been unfaithful. This changes the way an attorney approaches the divorce so it is important for a male client to be honest and forthcoming.

Cheating is a legitimate reason to end a marriage. The male spouse should understand this and learn how the situation affects issues like child custody. For example, if the wife leaves her young children home alone to go off on trysts with a lover, the husband can build a case that the wife is not a suitable caregiver. Situations like these can be difficult to prove so retaining legal counsel is recommended.

When a man files for divorce from his cheating wife, he should be prepared to prove that infidelity occurred. This may require combing through phone records and emails for evidence of cheating. Some men hire private investigators to trail their wives and collect video or audio proof of infidelity. Others do this themselves, a process that can be emotionally painful. The recommended approach is to gather the proof without compromising ethics, morals, or sanity. In many states, infidelity does not necessarily help a divorce case out at all, however, in a custody battle or a fight over money spent on these cheating relationships, it can make a difference.

Does Proving Infidelity Matter in a Divorce?

While most divorce courts do not care whether infidelity causes a marriage to end, this issue may take center stage during a negotiated settlement. States with no-fault divorce laws do not require married couples to list reasons for ending their marriages. Though the court may not strive to place blame, a scorned male spouse and his attorney might and they do this during the property division and child custody phases.

Most divorces are settled outside of court. Males can protect themselves by having prenuptial agreements that include language regarding an affair. Those without this foresight should retain good family lawyers to help them negotiate alimony and child support. If the wife does not earn substantially more money, infidelity should be weaved into property division discussions. Speak with one of our family law attorneys for a free consultation today!

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10 thoughts on “Divorcing a Cheating Wife”

  1. My wife cheated on me with my best friend who I allowed to stay with us as he was going through his divorce. I caught them sending messages to each other while we were in the same room. We have a 3 year old daughter. How can I use this for custody. I am in the military so my hours are pretty long. Will this stop me from having custody? She wants max child support and to move out of the state to move in with her boyfriend (my old best friend). How can I fight the move or our child agreement. Note she is solely moving for the boyfriend, she has barely worked since high school and is currently at fast food restaurants.

  2. Anthony Stapleton

    My wife and I had a fairytale relationship. The overly cute couple that never fights and everyone is Envious of. Our store began fresh out of highschool. I joined the USMC at 19 and we spent two years apart while I was sent to Okinawa Japan. I came home we got married and went on to raise three amazing boys (20,12,19months). Our 15 year anniversary is December. I got out of the Corps and landed a well paying 6 figure salary. We built a $500k house before I even turned 30. Then I began to notice red flags, new friends I never meet, guys texting her constantly. She now leaves the house daily for small task and returns 6 to sometimes 10 hours later. I work from home and raise our two youngest kids by myself for the most part over the past year. Yesterday she spent all day in Baltimore City (1.5 hrs away) and on her way home decided to stop at a friends house of which we are cat sitting. She spent an hour there although large clean up jobs may take 15 mins tops. She tells me they were out of cat food and left immediately which was a lie and then tells me she had a male friend with her the entire trip whom I don’t know. Hmmmm, the next day she has to “take a friend to the Drs” that just so happens to be in BMore. She left at 9am and returned past 3pm. Dropped some snacks off for our kids and left again only this time she had that guy in her car, not the friend that was supposed to go to the Drs. I called the friend with the appointment, they confirmed they never went yet she was gone all day and lied and said the appointment took forever when she returned. So she had to drop off this other friend 20 mins away and I asked her to stop on her way for dog food. She left at 330pm, by 5pm I’m beginning to wonder what’s taking so long also her phone is off. Must have called 1000 times. I found the number of the friend she was to drop off, no answer. So something told me to swing past out friends house with the cat. It took me till 742pm to arrive and I see our vehicle in their garage. I walk right in not trying to be stealthy. 1st floor empty. Upstairs I open the master bedroom and turn on the lights and see my beautiful wife of 15 years laying naked with some drug addict, jobless, child abandoner, criminal, low life 14 years younger than her. He apparently has a failing marriage of his own and OD and had to be revived the night prior. His wife wasn’t aware of their ongoing fling. She was so shocked she just gazed as I stormed out only after I snapped a few photos for my evidence.

  3. Molly Bergagnin

    My mum has cheated on my dad multiple times and they have been separated for a year now living in the same house. My dad bought the house with his inheritance, has paid the mortgage repayments whilst she paid the bills. My brother and I are no longer children and don’t live in the house.
    It is unfair that she might walk out of this with half of the value of the house as she is 13 years younger then him and earns more money.
    Is there a case for my dad? Could he come out with more/enough to set himself up for his retirement that’s slowly approaching. (He doesn’t have much super as he looked after us and mum worked when we were younger children)

  4. I could really use some help.. My wife and I have been married for almost 9 years she started having long term affairs in 2014. She is on her third affair and like an idiot I kept taking her back and working through the issues. We have e two amazing children one 7 year old and 2 year old they are my world and I am theirs. She constantly has out us through this calling in to work to go have sex showing up 5 hours after her shift ended at work I worked full time up until the day before thanks giving. I was let go along with 8 others I am on unemployment I have been the one who has taken care of everything since they were both born. All the cooking cleaning bed time rituals school stuff picking them up from school and childcare I worked from 6 am to 3 pm Monday through Friday and would get off pick them both up and watch them. She would get off at 7 and not show up till 11pm most nights while I took care of my babies every needs. I confronted her in September she kept lying to me telling me she broke it off and wanted to figure us out but it turns out she was with this guy the entire time. It is now Jan 2020 and she will not move out but has been flaunting her affair around me but cut me off completely. She still asked me to do all the husband things and help her and do all the everything but doesn’t lift a finger. Even without a job I still pay 3/4 of the bills. I am a emotional wreck. She uses the boys as her excuse to not move out and it is destroying me mentally I’m so lost I don’t Know what to do anymore. I want to get my children out of the situation but I feel like she will try to take them from me. My oldest is scared finger most of the time as she takes her anger and stress out on him and I.

    1. You need an experienced divorce attorney immediately. This is a difficult situation and one that requires attention to detail and the nuances within the law.

      In most states, infidelity does not mean much when it comes to divorce. Unless she is actively bringing the children around these boyfriends, the courts will not take much of that into account. With you being the primary parent responsible for the majority of parenting responsibilities though, it means you have a good chance at winning primary custody of the children. You need to document everything – in very short, brief form. Bullet points, no long drawn out diatribes about every single day – just bullet points like: 1/20/2020: wife stayed out late with boyfriend. I fed kids, i bathed kids, i put them to bed. that’s it, short and sweet, just to have the facts straight.

      Now, you need to have a divorce filed and you need a petition for exclusive possession of the marital residence. You need to allege that you need the house because you are the primary parent responsible for the kids day-to-day activities. You need to allege that she is making everyone in the home uncomfortable and that the stresses of her causing fights, etc., is an unhealthy environment for the kids. You also need to show that she, as the working spouse, needs to continue paying at least some of the household bills for the children.

      Get started right away, you cannot take a chance the a fight ensues and she calls the police and lies and claims that you did something and gets you kicked out of the house – this happens ALL the time – do not let yourself become another statistic – fight for your father’s rights immediately.

  5. My wife used me for financial gain. I was a single parent of one at the time we met and she was going through a divorce. We ended up having a child together she has 2 others from different relationships. Now here’s the issue we hardly argue no drug or alcohol abuse just one day we need divorce cause the teen kids don’t get along but they are teenagers. And they don’t fight the way me and my siblings did at all. But then I started finding things out. My concern is loosing my daughter to a woman with a track record of this type.

    1. Typically, when it comes to who was at fault for a divorce taking place, most courts do not pace much, if any, significance on the at-fault party. There are exceptions, of course, but issues like dissipation of the marital estate are relatively rare because of the cost to get a portion of those funds spent back.
      As far as the child issues go, infidelity can be a cause for concern sometimes if the parent is bringing kids around a new person or, especially, if it is multiple people.
      Otherwise, the courts don’t look into that very much.
      So, your best bet is not to focus on what she’s done in the past as far as cheating, but towards the fact that both of you are equally good parents for the most part, but 1-main difference exists and that is you are more focused on our family where she is focused on new relationships.
      You need to focus on sowing why you should either have primary residential custody of the children or equal parenting time (50/50). You do that by NOT pointing out her flaws (those can come up eventually as well), but instead, point out all that you do. You take kids to doc appointments, you take them to practices, attend their events, games, and activities. You are involved with their schools and teachers, and you also are the one (or it is shared) getting them ready for bed, making dinners, and getting them up and dressed for school.
      That is how you showcase the good for you while not looking petty and angry at her – you show off the things that make you a great parent and the courts will not have a reason to say no to you for wanting 50/50 parenting time or residential custody of the children during the divorce.
      Let us know how we can help, we’ve got experienced professionals that can jump in and get things started!

  6. My wife has been cheating on me for a very long time now. I just found out that it is a criminal offence and I can press charges on her. I plan on doing that because I know the last time was very recently. Even though we are in the process of going through a divorce now she is still my wife at this moment and she still has sex with other men.

    1. Call us asap. The longer you wait, the more a judge will view it unfavorably toward you as if seeing the kids wasn’t important, even though it very clearly is important to you.
      Act fast, and file an emergency motion for parenting time. But keep in mind, in the majority of states, infidelity doesn’t mean too much to divorce judges unless money is being spent (think tens of thousands of dollars or more) on the significant other or if there are issues introducing the kids to multiple new partners – judges hate that behavior.

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