QUESTION
Can my spouse be terminated or reprimanded for conducting an affair with a fellow teacher?
Asked on Dec 18th, 2013 on Divorce - Michigan
More details to this question:
Husband left me, no notice, no problems, and no arguments. Up and left. 3 minutes from when he told me he didn't love me anymore till he was out the door. I put him through his Master's Degree in teaching. He has been teaching 9 years. I can prove an affair with a fellow teacher if by nothing else, than phone records alone. Why would he call a fellow teacher after meeting with a divorce attorney? He gets mad when I bring it up, which makes it all the more true. I know there is reimbursement alimony, but is there also a morality clause that I could 'use' if negotiations fall apart? Can he be terminated or reprimanded for conducting an affair with a fellow teacher? What would I need to prove it besides LOTS of phone records?
7 ANSWERS
Bruce Provda
You need to have an attorney for this type of case, it can't be answered accurately here.
Answered on Dec 23rd, 2013 at 4:41 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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This is a no fault state, so his affair is irrelevant legally. The law does not impose "morality." If he spent community money in furtherance of an affair, you can get back a portion of that as "wasted assets." If not, it makes no difference in the divorce. You benefited from his schooling, and it was a decision in the marriage. So both of you are enriched by the fact that he earned more. Finally, if all you have are frequent phone calls, you don't have any reason to even suspect it's an affair. For all you know, they had a problem student in common and are friends. It's irrelevant, focus on how to divide the assets and debts of the marriage in a way that leaves you in a reasonable position.
Answered on Dec 20th, 2013 at 10:45 PM
Divorce in California is no fault. His affair, even if true, does not matter to the court.
Answered on Dec 20th, 2013 at 10:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with a local divorce attorney. In Idaho, the affair would only give you some amount more than half of the community property. It is possible that you can use your putting him through his masters as the basis for spousal support. Again in Idaho, that is only temporary. As for termination, it depends on what kind of school district you are in. In a conservative area, he and the respondent would both be terminated. In New York City, probably not.
Answered on Dec 19th, 2013 at 10:48 AM
Child Support Attorney serving Overland Park, KS
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Rosenak Family Law, LLC
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Unfortunately in Kansas, Kansas removed the "fault" issue many years ago in divorces. It is clear you are incompatible because of his affair. Kansas courts recognize only incompatibility. If he has spent money on the affair, that is relevant as it is your money. If you have spent money to further his education, then that is a basis for him to pay alimony so you can further your education.
Answered on Dec 19th, 2013 at 10:21 AM
There is no morality clause that can be used. Florida is a No Fault State. Good luck.
Answered on Dec 19th, 2013 at 9:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The law is not for vengeance. Your marriage is over, move on. Get a good attorney who can cause your recoup meant if his future you will not.
Answered on Dec 19th, 2013 at 9:34 AM