Here is the law about it in my state: "That whoever commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years..."
My wife says she has not committed physical adultery though. I believe it has only amounted to kissing and possible some fondling and of course lots of talking on the phone or in person and sharing verbal affection with each other.
The other option is to sue the OM for "Tortiary Interference of a Marital Relationship". An alienation of affection lawsuit is one in which a deserted spouse can sue the alleged third party if his or her partner leaves the relationship for another person and causes the marital relationship to fail. To prevail on the claim, the plaintiff needs to prove that:
1) Love between the married spouses existed prior to the onset of the relationship; and 2) The marital love was alienated and destroyed as a result of the relationship with the third-party; and 3) The third party’s conduct was a malicious interference with the marital relationship.
I'm interested in this option, but right now I can't afford a lawyer.
Right now, I'm planning to just see how this three month period goes and go from there.
My wife is asking for a divorce and I don't completely understand why.