This is an advertisement.

Divorce Advice for Men | Fathers' Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers' rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers' rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers' rights divorce.
Print PDF

divorce lawyer Daniel ExnerQuestion:

I have long suspected my wife of infidelity, which was confirmed when I was able to gain access to her email account containing sexual messages with other men.

What is the appropriate way to use these emails in order to reveal my wife's affairs and use them to my advantage in our divorce case?


Since I am only licensed to practice law in Wisconsin, I can only provide you with general divorce help for men to your divorce laws question.

Some states are considered "no-fault" jurisdictions, which means the court does not consider the parties' marital misconduct in their divorce or legal separation. Issues like child custody, property division, and child support are not affected by cheating, abandonment, or other marital problems.

The law is different in other states, though, where marital fault does affect certain aspects of a divorce case.

In some states, the court will consider several factors when setting an alimony obligation, including marital misconduct that is generally defined as illicit sexual behavior including intercourse with a non-spouse individual.

In these states, if the spouse who would have received alimony is found to have cheated on the spouse who would have paid support, the court may deny alimony.

If the spouse who would have paid alimony is found to have cheated, the court may craft any alimony award it deems equitable.

In your situation, spying on your wife's emails may affect several different parts of your case. If you find evidence of marital misconduct, and that evidence is admissible in court, the documentation could significantly affect the alimony award in your case.

Conversely, if your wife discovers your conduct, you could adversely impact your mediation or future negotiations regarding child custody, property division, and support because she will be angry and no longer trust you. 

Outside of the family law action, you also need to be extremely careful about how you are accessing this information. Civilly, your conduct could constitute an invasion of privacy. Criminally, you could be guilty of electronic hacking if the passwords were not obtained legally.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

Cordell & Cordell has men's divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel Exner, please contact Cordell & Cordell.

Comments (1)Add Comment
written by MLH, June 12, 2012
I found messages and photos on her phone as well as internet dating site info. ive got the kids and shes asking me for alimony. She left and has been staying with the guys for 1.5 years. Can she get get the kids if she left me with them and moved with another man.

Write comment
smaller | bigger

Divorce, Child Support, Alimony Information.
Men's Rights Website