I recently discovered that my husband has been having an affair. I plan to divorce him and want to know how long it will take.
Adultery is a common reason many people get divorced. Adultery is defined as voluntary sexual intercourse by a married person with someone who is not his or her spouse. Although most states require full intercourse to show adultery, some states say that other sexual behaviors can also amount to adultery.
A petitioner asserting adultery in a divorce has the burden of proof to show that the other spouse has indeed cheated. This is often difficult without extrinsic evidence. The courts will not simply rely on the petitioner's intuition that her spouse has cheated. Absent clear evidence such as photographs and eyewitnesses, the courts will look at circumstantial evidence to prove adultery. If, for example, you can show that your husband was in a hotel room with someone else or that he registered in a hotel with another woman, the courts will usually find adultery in these cases.
Even if you have circumstantial evidence of adultery, you should also alternatively allege cruel treatment, as well. Certain states allow cruel treatment as a basis for divorce, especially where one party has consistently threatened adultery or has attempted adultery. The level of proof needed in these cases isn't as burdensome.
Talk to a Divorce Lawyer to find out what you can do to expedite the process and make sure your rights are protected.