QUESTION

Can I file an adultery charge to contest a divorce and send a subpoena to the third party?

Asked on Feb 06th, 2013 on Divorce - New York
More details to this question:
My wife wants a divorce. She is committing adultery, but refuses to file on that basis. I do not know the identity of the individual she is seeing. Am I able to counter file on grounds of adultery, and force her to give his name and subpoena him?
Report Abuse

12 ANSWERS

Family Law Attorney serving Ridgeland, MS at Thompson Law Firm, PLLC
Update Your Profile
You file. Yes. Unless she lies like a dog.
Answered on Feb 10th, 2013 at 11:33 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney and file, at least in Michigan there is no need fro such grounds or information.
Answered on Feb 08th, 2013 at 4:18 PM

Report Abuse
In California adultery is not grounds for divorce. You just need irreconcilable differences and either part can file. If you're not in California find a local attorney.
Answered on Feb 08th, 2013 at 1:19 PM

Report Abuse
California is a no-fault state, if you are in California, you simply file that there are irreconcilable differences (without naming what those differences are). If you are in a state that requires one of you to blame the other and state a reason, why don't you file the case and state that she is committing adultery and request divorce?
Answered on Feb 07th, 2013 at 9:08 PM

Report Abuse
Personal Injury Attorney serving Overland Park, KS at Ankerholz & Smith
Update Your Profile
In Kansas, adultery is no longer a specifically recognized ground for divorce. The official grounds for divorce are as follows: 23-2701. Grounds for divorce or separate maintenance. (a) The district court shall grant a decree of divorce or separate maintenance for any of the following grounds: (1) Incompatibility; (2) failure to perform a material marital duty or obligation; or (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses. Rian F. Ankerholz (913) 345-2000 Fax: (913) 345-2081 This message, including attachments, is from the law firm of Ankerholz and Smith. This confidential message contains information that may be protected by attorney-client or attorney work product privileges. If you are not the intended recipient, promptly delete this message and notify the sender of the delivery error by return e-mail or call us at 913-345-2000. You may not view, forward, print, copy, distribute, or use the information in this message if you are not the intended recipient. Although this e-mail and any attachments has been scanned for viruses, Ankerholz and Smith disclaims any responsibility for any resulting loss or damage. IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by Ankerholz and Smith to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. The Missouri Bar requires Missouri lawyers to notify clients using e-mail that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from us to you or vice versa; (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or our computers or even some computer unconnected to either of us through which the e-mail passed. We are communicating to you via e-mail because you have consented to receive communications in this manner. If you want future communications to be sent in a different way, please notify us immediately.
Answered on Feb 07th, 2013 at 4:14 PM

Report Abuse
Family Attorney serving Sacramento, CA at Peyton & Associates
Update Your Profile
You can file for a divorce. Adultery is not a ground for divorce in California. We are a no fault state so the only real ground you can state on the paper work is adultery. People's sex lives are not relevant to divorce cases so you would probably not be allowed to force your wife to give up the boy friend's name.
Answered on Feb 07th, 2013 at 4:13 PM

Report Abuse
John Arthur Smitten
File the case yourself as the petitioner.
Answered on Feb 07th, 2013 at 4:13 PM

Report Abuse
Sorry, dissolution in California is no fault and the actions of your spouse are irrelevant to any dissolution proceedings.
Answered on Feb 07th, 2013 at 4:11 PM

Report Abuse
Family Law Attorney serving Chandler, AZ
2 Awards
Arizona is a no-fault state, so adultery is irrelevant. The ONLY grounds for divorce are that the marriage is "irretrievably broken with no reasonable prospect of reconciliation." It doesn't matter who he is and there's no reason to subpoena him or involve him in your case. Either of you can file for divorce on the grounds I noted above - there is no advantage as to who files first.
Answered on Feb 07th, 2013 at 4:11 PM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
California is a no fault divorce state, so you don't file on grounds of adultery.
Answered on Feb 07th, 2013 at 4:11 PM

Report Abuse
Dennis P. Mikko
Michigan is a no-fault divorce state so you could file on your own simply by alleging that there has been a breakdown of the marital relationship to the extent the objects of matrimony have been destroyed and there is no likelihood of reconsiliation. If you are in a state where fault must be alleged, you could still file alleging her actions as the required fault.
Answered on Feb 07th, 2013 at 4:10 PM

Report Abuse
Family Law Attorney serving New York, NY
2 Awards
You can counter file for adultery, or you can demand that she file a complaint for the divorce and then as part of your Answer you could cross-claim for divorce under the grounds for adultery. Keep in mind, however, that you would have the burden of proving the grounds of adultery, and that at the end of the day, obtaining a divorce under the grounds of adultery has little to no impact on all the other matters such as equitable distribution and maintenance. So you may want to ask yourself, beyond simply confirming your suspicion of adultery, what you would want to gain from wanting a divorce on adultery grounds.
Answered on Feb 07th, 2013 at 4:09 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters