I am Getting a Divorce and Have Committed Adultery Now What?

Perhaps one of the major reasons for divorce in Alabama is related to one spouse committing adultery. Either the parties cannot move past the infidelity or one party has decided to leave the marriage.

The question that always comes up in a consultation is, I had an affair, do I admit the adultery? That is a loaded question. It depends if admitting the affair is going to cost you in money for alimony or a property settlement. If the parties have equal assets it may not be significant. If you have committed adultery and are the bread winner, it may cost you a lot.

In the case of Ex parte Edmondson from Mobile County, Alabama, the parties were in the middle of a divorce trial. The lawyer for the wife asks the husband on the witness stand if had committed adultery. The husband’s lawyer objected and asserted his client’s Fifth Amendment privilege not to answer. In Alabama, it is a Class B misdemeanor for adultery with a one-year limitation period. The trial court issued a stay of the divorce proceedings based on the Fifth Amendment assertion.

The Husband’s lawyer argued that the adultery is a continuing offense and the statute of limitations for the crime does not begin to run until the last act of sexual intercourse. The appellate court rejected this argument. The Fifth Amendment privilege as to adultery is for one year in nature.

If you are seeking a divorce lawyer, contact Ingram Law LLC at (205) 236-3997.

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