I am not familiar with constructive abandonment. I only spoke (at length) to my legal counsel about "regular" abandonment.
See, the thing about an affair is you have to find the best grounds to use it with.
The state doesn't require you to tolerate anything. But it is hard to prove what you are claiming (even if it is true) because a certain level of proof is required. If you knew she was having an affair why did you not file for divorce ASAP? (playing your W's attny here) That question will come up.
If you had not had relations for one year why wait some more to file? (again, playing opposing counsel).
You can ask for legal fees and for me it was a deal breaker. My H's attny knew he was locked in. That's why it is VERY important to play your cards right and now show them too early. IMO mediation forces you to show your cards and that is not to your benefit.
The question will be.. if you felt SO strongly about her affair and no sex AND your W refused to work on the marriage then why did you wait so long to file?
In our state - if your spouse has an affair and you sleep with them after that you have consented to the affair. After infidelity happens it is wiped clean after 7 years (another fun fact) if nothing is filed.
