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About James Robinson
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I was a family law attorney for 25+ years. I have been divorced twice myself. One was friendly. The other wasn`t. Let me know how I can help.

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I have been divorced twice myself. One was friendly. The other wasn't. I was a family law attorney for 25+ years.
 
   

You are here:  Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Marriage abandonment and infidelity

Family Law (Divorce, Family Relations) - Marriage abandonment and infidelity


Expert: James Robinson - 10/2/2009

Question
A very good friend of mine is facing some issues with his 3 year long marriage. His wife accepted work out of the state and took up residency there for 3 months. During that time my friend remained faithful. His wife failed to contact him on his birthday and their wedding anniversary. He often stated to me that he felt her "boss" was his replacement. She had also told him prior to leaving that she would be moving there with, or without him. Towards the end of the 3 months he had an affair that lasted two weekends. His wife found out after returning to their shared home and has since alienated him from all of his friends. She has also confiscated his cell phone and has threatened him. What options are there in this situation? Who, if anybody, can be found at fault? Are there grounds for criminal charges against either party? Thank you very much for your time.
Sincerely,
A very worried friend

Answer
Dear Stephanie

I would think that the options are reconciliation or divorce. He is the one at fault, since he chose to commit adultery. If she threatened him with physical abuse and he was in fear of being injured she would be guilty of assault or communicating a threat.

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