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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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