If someone were to get a divorce cuz his wife cheated on him, would his legal papers have to go through her?
Or would he be able to file his divorce now, and still get his legal papers?
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Depends on where you live. I live in Ohio and this happened to me. I went down to the court, filed the papers myself and they made me wait 6 months. When it was over she got nothing and I retained everything…but then again she did admit to it because I had concrete proof.
Fraginal, Your answer would be correct in states that still declare fault, however, Most states now have “No Fault” divorces which means, you don’t need to have a reason why you want a divorce.
If you state is a “no fault” state, even if the person was to file for divorce because his wife cheated on him, he would probably still end up having to pay spousal support (depending on how much each person made at work, etc)
I don’t know what you mean by “his legal papers.” He can file for divorce once he has met whatever his state’s requirements are (in NC you have to have been separated for one year), but when he files for the divorce she will be served and have a chance to contest it. Infidelity is irrelevant to the divorce itself in almost all states now, I think; no-fault divorce means you don’t have to prove any reason for getting a divorce, you just have to want one. It may be relevant if either of them wants to claim alimony, though.
I’m not too sure what you mean about “legal papers”. In all states, adultery is considered a reason for divorce, either fault based or no fault. It all depends on the state you are in. Its best to look at your state laws and figure out what “type” of divorce fits your situation best.
Then then you can go & file. She can either agree or disagree (contest). Just because she contests does not mean the divorce will not go through, again, it all depends on the state laws:
The husband must file a case against his wife for cheating on him so that it will be a ground for divorce. When the court found the wife to be wrong, the husband will be rewarded accordingly in the decision.