If you have grounds for divorce (such as adultery or habitual drunkenness), it can be helpful to hold that your spouse’s conduct is the cause of the breakup of the marriage when you file for divorce. If the court agrees with you, you may receive a greater share of marital property. If your spouse committed adultery, he or she may not be entitled to alimony.
If you don’t file for divorce after the conduct and you continue to act as husband and wife, the court can deem that you condoned the conduct, and it cannot be used as grounds for divorce or as a reason for denying alimony.
As soon as you file for divorce, the court will issue standing orders that will prevent you and your spouse from disposing of assets, changing insurance or otherwise disrupting the status quo. If you are concerned that your spouse is wasting or disposing of marital property, you should file for divorce as soon as possible. You may also want to cancel any joint credit cards you have with your spouse. Otherwise, you could be jointly responsible for credit card debt.