Question: it may be that I can use her EA in a counter file as grounds for divorce- marital impropriety. If it gets me an edge in my custody fight do I go with this strategy knowing that it'll get nasty?
Like Acc said, it's probably not an option. Courts finally got tired of trying to sort out fault in D cases, so most states have adopted "no fault" stances. It may not be fair, but it sure makes their lives easier. If your W is physically and/ or mentally abusive then that would be grounds for granting you full custody, but engaging in an affair is just not a big deal to the courts.
