Blog entries tagged affairs

Admissible Evidence Of Adultery

Matt Allen — Mon, 04 Mar 2013 00:00:00 +0100

Question:

How is adultery proved and what type of evidence of adultery can be admitted in court?

I’m worried that my cheating will be punishable not only as a crime, but also detrimental to my divorce case. So what are the repercussions of committing adultery?

Answer:

I am unable to give you legal advice on divorce. I caRead More...

Does It Matter When The Adultery Occurred For A Fault-Based Divorce?

Matt Allen — Mon, 07 Jan 2013 00:00:00 +0100

Question:

My wife had an affair that has led to me filing for divorce, hopefully on grounds of adultery.

Even though her affair ended months ago, can I still file for divorce using the adultery ground and will she still be at fault in the divorce?

Answer:

I am unable to give you legalRead More...

Amending Divorce Filing If Adultery Committed After Separation Date

Matt Allen — Wed, 28 Nov 2012 00:00:00 +0100

Question:

My soon-to-be-ex-wife is in an intimate relationship that I recently discovered after our separation date and when the divorce was filed, but there has not yet been a final divorce decree issued.

Since we are still married I believe this to be adultery.

Is adultery committed after separation grounds for me to amend the divorce filRead More...

Is Adultery A Crime That Will Be Enforced?

Matt Allen — Mon, 26 Nov 2012 00:00:00 +0100

Question:

Adultery is a crime punishable in my state by one year in jail and/or a fine. My wife has committed adultery, and I would like to know how I can get her and her boyfriend charged with a crime.

Worse, my wife was caught committing these acts by our childRead More...

Can You Plead The Fifth Amendment In An Adultery Case?

Matt Allen — Mon, 05 Nov 2012 00:00:00 +0100

Question:

A woman I had an affair with is getting a divorce. She told me I am going to be summoned for deposition to testify about the infidelity.

May I invoke my Fifth Amendment rights or will I have to answer these intimate questions?

Answer:

I am unable to give you legal advice on Read More...

Getting A Divorce If Your Wife Has Power Of Attorney Over You

Matt Allen — Thu, 09 Feb 2012 00:00:00 +0100

Question:

I want to divorce my wife because she is having an affair, but she has power of attorney over me because of my suicide attempt.

She has total control of my finances, and she tells me I can't file for a divorce because she has this power of attorney over me.

How can I get a divorce if she controls everything?

Answer:

ThisRead More...

Does Proving Infidelity Have A Large Impact On My Divorce?

Thu, 19 Jan 2012 00:00:00 +0100

Question:

My wife is having an affair and I want to know if it's worth the effort to address in divorce court.

I do not have any "professional" documentation or evidence of her affair other than her admissions to me and the fact she has moved out and is believed to be living with another man.

What advantages are there in proving her infidelity aRead More...

Divorce Article: Don't Blame Facebook For Your Divorce

Matt Allen — Mon, 15 Aug 2011 00:00:00 +0100

By Julie Garrison

Special to DadsDivorce.com

If you’ve read a divorce article in the past year there’s a good chance you’ve heard of the harm social networks can wreak in your divorce.

In fact, DadsDivorce.com founder Joseph Cordell just had an article appear on HuffingtonPost.com about how "Social Media Represents Minefield In DivorceRead More...

Divorce Article: Is There Retribution For Marital Infidelity?

Matt Allen — Mon, 18 Jul 2011 00:00:00 +0100

By Tara N. Brewer

Special to DadsDivorce.com

What do you do when your happy matrimony suffers from infidelity?

Victims of infidelity might suffer from physical, mental, emotional and financial stress. Your untainted marriage has now become irreversibly broken, leaving you to wonder about the third party.

Where’s the rRead More...

Can I Legally Force Wife's Boyfriend Out Of The Marital Home?

Matt Allen — Mon, 23 May 2011 00:00:00 +0100

Question:

My wife's boyfriend has moved into the marital home with our children while we are still married.

Is there anything I can do legally to force this man to leave the house?

Also, do I have a right to go into our home while he is living there?

Answer:

I am not licensed to practice law in your state. HowevRead More...

How will getting another woman pregnant affect my divorce?

Matt Allen — Sun, 01 May 2011 00:00:00 +0100

Question:

I am going to get a divorce because of my infidelity, which resulted in my girlfriend becoming pregnant.

How will this pregnancy with another woman affect my divorce? Are there paternity laws I should consider?

Answer:

In the state I practice in (Illinois), the alleged marital fault or misconduct of either party is not consiRead More...

How does an affair affect divorce rulings?

Matt Allen — Sat, 30 Apr 2011 00:00:00 +0100

Question:

My wife is having an open affair that she freely admits to me and to our divorce attorneys.

How will her affair affect the divorce? Can she still get alimony if she's the one who caused the divorce? Can I stop her from having an affair?

Answer:

I am only licensed to practice law in Kentucky, so I am unable toRead More...

To Catch a Cheater

Wed, 12 Jan 2011 00:00:00 +0100

Bill Mitchell has spent decades as a private investigator with an emphasis on cheating relationships.

His experience investigating infidelity led him to write a book, "The More You Know: Getting the Evidence and Support You Need to Investigate a Troubled Relationship." (Click the link at the bottom of the page tRead More...

Ask A Divorce Lawyer: Can phone records be brought into a divorce case to prove affairs?

Sat, 27 Feb 2010 00:00:00 +0100

Question:

I have phone records proving my wife has been having an affair for some time. First, can phone records be brought into a divorce case? And does an affair by the other party make any difference in a divorce in terms of custody or potential alimony payments?

Answer:

I must preface mRead More...

Ask a Divorce Lawyer: What exactly is the definition of adultery and does it change state to state?

Matt Allen — Mon, 04 Jan 2010 00:00:00 +0100

Question: What is the real meaning of adultery when you’re married? Does it have to be a physical relationship or can someone commit “mental adultery”?

Answer: Many states have criminal statutes which make it a crime to commit “adultery” and many states have statutes which make “adultery” relevant in a divorce action.Read More...

Ask a Lawyer: Finances and assets

Thu, 06 Aug 2009 00:00:00 +0100

Question: I recently built a new home with my ex-wife to be and we currently owe $155,000.00 or less. The home was appraised for over $250,000.00 six months ago. All furniture and appliances are paid for and still in mint condition. My question is if I allow her to keep everything but my clothes and my vehicle(she has a vehicle also) after committing adultery will still likely be responsible for spousal support and the same amount of child support? Also we signed papers agreeing to 7 & 7 custodyRead More...

Ask a Lawyer: My wife is having an affair - Do I need legal and/or financial protection?

Thu, 06 Sep 2001 00:00:00 +0100

Question: My wife recently admitted to being engaged in an affair with a co-worker who is married with two children. I am very hurt/sad/angry/confused and have begun meeting with a couselor for guidance. My wife has said, "I love you, but I'm not in love with you," and "I don't know if I want to try to save our marriage." I fear that she may be preparing to leave me. My goal is to repair our marriage, but I am worried that, despite my efforts, we may be doomed. She has talked of "remaining frienRead More...

Ask a Lawyer: Can affairs affect financial settlement punitively?

Mon, 29 Nov 1999 18:00:00 +0100

Question: My brother is going through a divorce. His wife is bound and determined to take him to court and put on a show with a parade of "witnesses" to publicly humiliate him with claims of an affair. She is actually exacting a type of extortion on my parents and my brother to get him to agree to take all the bills and sell his horses and personal property to give her more money OR ELSE she will take him to court where he will surely lose and be punished by having to pay everything! It's hard tRead More...

Ask a Lawyer: INFADELITY BY THE WIFE 3 PART ???

Mon, 29 Nov 1999 18:00:00 +0100

Question: My wife admitted to having affair along with the person she had the affair with. I also have paper work and receipts as well as other evidence of her affair. Will her infidelity go against her in court? My wife and I were married in the State of Nevada, can I file there or only the state we reside in now? What are the legalities of me having her followed, or even tracked electronically to show how often she is with her affair partner?Answer: First, I must tell you I am not licensed to Read More...

Ask a Lawyer: Wife having an affair with illegal immigrant

Mon, 29 Nov 1999 18:00:00 +0100

Question: My wife is having an affair with an illegal immigrant. It is possible that this is the second one she had (with an illegal). She claims that since her relationship is discrete, the court will not consider them. I argue that it is only a matter of time before the children and neighbors, etc. find out what I know. Can I use this situation to influence custody and/or ownership of the house?Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed toRead More...