Can my husband file adultery against me if I got pregnant by another man?

UPDATED: Oct 1, 2022

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Can my husband file adultery against me if I got pregnant by another man?

I’ve been married for 5 years.Since my husband is sterile we can’t have a baby. I had an affair with my co-worker and got pregnant. I want to keep the baby and this guy wants to be part of my life. He suggested that I divorce my husband. I’m wondering if my husband can file a case against me after what I did. If yes, what

are the things should I do or things that I should know legally to protect myself and the baby?

Asked on February 15, 2019 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't go to jail or be sued by your husband for your adultery, but he can certainly divorce you. In the divorce, the judge may take your adultery and your having another man's child in regards to deciding on spousal support (alimony) or other issues: to oversimplify, if you were clearly at fault (which you are), the court can give more to your husband and less to you than you might otherwise get.
As to your immigration status: if he initiate divorce before to December, it could affect that, since you are here on a fiance visa initially. Immigration law is complex: consult with an immigration lawyer in person about the details of your situation to understand your exposure or risks.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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