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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> adultery
Oct 01
2009

Girlfriends and Divorce

Posted by Rick Ortiz in Legal Strategy , date , Cordell Cordell, PC , cohabitation , child custody , adultery

Answer submitted by family law attorney, Brian Craig of Cordell & Cordell, P.C.

Question:

Can anyone tell me if having a girlfriend while going through a divorce would have any negative impact on court proceedings? Custody? Settlement?

Answer:

That is a great question and one that I am asked nearly every day. To answer the question simply, yes, having a girlfriend can negatively impact the outcome of divorce proceedings. There are literally thousands of scenarios of this question and each could individually impact the proceedings very differently. For purposes of this response, I will focus on two generalized possibilities though...

Apr 29
2009

Ask A Lawyer: Can I Get Custody Due to Ex's Homosexuality?

Posted by pmcmahon in Richard Coffee , homosexual , custody , Cordell Cordell, PC , Ask A Lawyer , adultery

Question:

My soon to be ex-wife, has decided that she is now a lesbian and has a 40 yr old lover (she is 26). Our daughter is 17 months and currently living with her mother at her mother's parents'.

I am looking to take sole/primary custody legally and I am curious as to what my chances are with the homosexuality & adultery under NC laws & statutes.

 

Dec 18
2008

DadsDivorce Live: Ask A Lawyer: Alimony For A Cheater?

Posted by Rick Ortiz in video , Legal Strategy , Dan Cuneo , DadsDivorce Live , Ask A Lawyer , alimony , adultery

Divorce attorney, Dan Cuneo, JD (Cordell & Cordell, PC) answers your "Ask A Lawyer" questions.

How will the courts deal with the awarding of maintenance when one of the main reasons for the divorce was an affair?

What if she refuses to work? How can you prove if she is able to earn her own living and how much she is expected to be making?

 

Nov 29
1999

Ask a Lawyer: Statute of Limitations on Adultery

Posted by Dads Divorce in VA , statute , Rules , Procedures , limitations , grounds , evidence , divorce , Ask A Lawyer , adultery

Question:

I was wondering if there was a statute of limitations on adultery. My wife had an affair about 3 years ago. I was wondering if I can still divorce her under the grounds of adultery after the time lapse.

Answer:

I cannot answer your question specifically to the laws of Virginia as I am not licensed to practice law in that State. In general, adultery at any time in the marriage can be considered. However I do not know if the remoteness of the time will prohibit you from alleging it as a your grounds for divorce. Also keep in mind that there must be some corroboration of the testimony of a spouse in proving adultery, and the evidence should be strict, satisfactory and conclusive that the other spouse did in fact engage in sexual relations with another person although "eye witness" testimony to the acts is not required. In most cases, circumstantial evidence may be sufficient. I suggest you contact an attorney in your area to discuss the matter further.
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