My wife of 15 years filed for divorce because I had consistently accused her of having an affair. She filed with the old mental cruelty reasoning. The divorce is not final and has almost been a year since she filed. I have been dragging my feet since this is not what I wanted. We have since sold the house and both of us have new homes. The financial situation and child custody is pretty much all agreed upon. Here is the kicker.....in December she shows up at my house and confesses the whole affair. The wife of the other cheater told her if my wife didn't tell me that she would. Well now I want that mental cruelty and abuse erased from her petition. What do you think? Worth it. I know the judge could care less but I don't want it there, not when I was right the entire time.
Since you are posting in the Illinois forum I'll assume you live in IL. In this state, it just doesn't matter what grounds you use to for a divorce. It doesn't effect the spousal support, property division or any other financial factor. It could have an impact on cusotdy IF you can prove the issue effects the children.
My ex was a bipolar drug addict and alcoholic. I had rehab statements, confessions to the cops while arrested for a DUI, etc. I used "irreconciliable differences" as I knew using drug addiction would cause him to react negatively. Why would I do that if I could get a divorce just as easily without it?
Having said that, I did make sure the courts knew (through the psychological evaluator) about his addiction and mental illness. I was awarded sole custody of our two kids.
If I were you, I'd just forget-about-it and get the divorce over quickly. Also, a marriage takes two- it doesn't really matter if you don't want this divorce: she does! Stop dragging out the inevitable and get it over with. It will lessen your pain in the long-run.
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