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?
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.