We filed for a joint petition no fault divorce due to something along the lines of "communication breakdown." I caught her talking to a guy earlier this year and I always suspected she was having an affair but she denied, however all the signs were there. I didn't think it would change much of the outcome and it would be too draining on me to set up cameras to catch her so I just let it be.

Anyway now our court date is coming up and I needed to grab a few things from her house (with her permission ahead of time) since we live separately as of last month and I went to use the bathroom and found a recently used pregnancy test in the trashcan (negative thankfully). We haven't had intercourse in probably 4 months (and I know she has had her period since then cuz she told me) so there is no reason for her to have to check unless she is sleeping with someone else.

My question is how would this affect my court, we have already divided the assets and have no kids but I think I would like to have infidelity added to the reason of the martial breakdown. But can it be if I only proved it was after we stopped living together? She also is on her temporary green card via me so I feel like it would look better for me if this was listed on the divorce.

I contacted a lawyer for advice and I should hear back this week. My wife and I had agreed to not be represented by lawyers in court since it would cost too much but I think a consultation would be worth it.