Knoxville, TN asked in Child Custody, Child Support and Divorce for Tennessee

Q: If my husband is having an affair and we have two kids and a house, should I contest the divorce or agree?

1 Lawyer Answer
Ross Matuszak
Ross Matuszak
  • Franklin, TN
  • Licensed in Tennessee

A: Thank you for your question. Unfortunately, there is no simple answer. It really depends on what your goals and what you want to accomplish. Your divorce sounds like it may get complicated due to the issues you described (affair, marital home, children). I can offer some general information, but please understand that this is not to be considered legal advice and should not replace a formal consultation with an attorney. In a divorce case with issues like yours, the best thing to do is contact an attorney immediately.

Ultimately, it is up to you whether you want to contest the divorce. If your husband has already filed for divorce (which it sounds like he may have), you have options on how to proceed. For example, you can file an answer with a counter-claim (and sue him for divorce based on his affair), file an answer and contest the divorce, or settle the case by entering into a Marital Dissolution Agreement and Permanent Parenting Plan. An attorney will definitely be beneficial in negotiating terms with your husband or husband's attorney to make sure you get what you want if you decide to settle. If you choose to contest the divorce and/or file a counter-claim, it is very important that you have an attorney to handle the legal filings and proceedings to protect your custody of your children, your rights and your property.

Before deciding which is best for you, you should discuss your situation with an attorney immediately. Answers to lawsuits, including divorces, must be timely filed.

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