Legal Question in Family Law in Massachusetts

I have been married to my wife for 23 years. She is 48 and I am 69. She is being unfaithful to me and she knows I know. This has been going on for about 3 years. Previously, I sugested an open marriage when she wanted a divorce. I signed an agreement between us for this purpose. It was not witnissed or notarized. Now I am tired of the arrangement and want to know if I can divorce her on grounds of adultery. I want to retain our home and all of its contents except her personal belongings. Since I am on Social Security, and only get about 1200/month, I also want alimony of about 1000/month. Thank you.


Asked on 12/09/10, 12:46 pm

1 Answer from Attorneys

I think you should meet with a divorce attorney to discuss your options and the open marriage agreement. However, since you agreed to a "open marriage" you can't use that against her now.

This does not prevent you from getting a divorce nor does it necessarily stop you from getting a settlement that reflects your 23 year marriage and your need for support. Without knowing your marital assets or your respective incomes et cetera it will be difficult for anyone to answer your question in this forum.

I suggest you contact a divorce attorney and let him review the situation with you in detail.

Good Luck

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Answered on 12/14/10, 1:43 pm


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