What can you legally get out of the marriage he cheated?

Answer 1

both can apply for divorce. It also depends on what country you live in. Here in Australia, the Family Law Act 1975 (as amended from time to time) make divorce a 'no fault' matter. The old Act (pre 1975) used to have all the 'faults' to allow couples to 'sue' for divorce. It became evident that this situation was counter productive as the parties were running around spending their joint assets on private investigators etc trying to prove the other was at 'fault'. Many women were stuck in abusive marriages and found it difficult to get a divorce without proving the husband to be at 'fault'. Strangely enough, my former position in law enforcement showed me that a large part of society today, deems it acceptable for women to assault men. (Take a look at a lot of TV adverts). Anyway, there are some technicalities but as a rough guide each partner gets 50% of everything accumulated during the partnership. (This included debts too). However, if there are children of the relationship still classed as 'minors' then the 'pie' is divided up differently. There is no actual set formula but the generally accepted division is 70/30 in favour of whichever parent has majority residency. Both parents can and usually do, have joint custody but frequently the mother has majority residency. There are some Case Laws and precedents which change this general acceptance (e.g. Cilento Principle for one) and of course if either partner (or their children) are granted Orders under the Crimes (Family Violence) Act.