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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.
Tags >> affairs
Nov 29, 1999

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 practice in California. You should always seek the advice of counsel in your state as laws will vary from state to state. Your wife's affair will only be relevant in a divorce action if you live in a fault divorce state. If California is a no-fault state then her infidelity will have no bearing on the divorce or division of assets. You will need to file your divorce where you live not where you were married. Every state will have different requirements for how long you must reside in the state before you can file. Nevada may have a relatively short time frame. If you would like to file in Nevada contact a lawyer in Nevada to determine their residency requirement. Generally, hiring a PI to follow your wife will not be illegal. You should check with an attorney in your state to determine what types of surveillance will be admissible in court. It will not do you any good to have evidence that you cannot use.

Nov 29, 1999

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 to practice law in the state of New Jersey. In general in my jurisdiction, Courts consider affairs (misconduct) as it relates to custody if there is any improper conduct in front of the children or if her affairs have caused her to shirk her duties with respect to the children. With regard to property, the court can consider it in the overall division of property. Some courts give it a lot of weight while others do not.

Nov 29, 1999

Question:

I had an affair which resulted in a pregnancy. I want to know what the chances of me obtaining custody are in the state of Maine. She is an atrocious housekeeper who I have been tempted to call DHHS on multiple time due to the mess. She has also gone to work at nite and left her other kids (10, 8) at home by themselves for the evening. She spends all her free time in bed sleeping such that her other kids complain about it. Their diet is predominantly fast food. I have serious concerns about a child of mine being raised in this environment. Any suggestions?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Maine. It come down to what is in the best interests in your child. The care of the children is very important. That is one of the factors that the court will look at. Also how much time have you been spending with the child? Also have you been involved in the decision making? That is also key.

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