QUESTION
Can I use the deployment as separation time if I come home and find him not to be my son?
Asked on Nov 19th, 2012 on Divorce - California
More details to this question:
I am currently deployed and just found out my wife has been cheating. We have talked and I am willing to work it out if our new son is mine but if not, we are getting a divorce. What sort of evidence can prove adultery?
7 ANSWERS
In Arizona, there is no need to "prove" adultery because Arizona is a no-fault state, so the adultery would be irrelevant to the outcome of the case. The only exception to this would be if you and your spouse opted for a "covenant marriage" under the Arizona statutes, which may require some "cause" to file divorce (unless both parties agree to get a divorce).
Answered on Nov 22nd, 2012 at 4:27 AM
William C. Gosnell
DNA testing
Answered on Nov 22nd, 2012 at 4:27 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Try to work it out. Adultery is only relevant if she is seeking alimony, it is a complete defense. The best evidence is to get the guy into court to testify that she and he did what they did.
Answered on Nov 22nd, 2012 at 4:26 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are basically missing the true issue. The only relevance that "cheating" has in your case is how that relates to whether the child is yours. IF the child is born while you are married, you are presumed to be the father until you convince a judge to rule that you are not the father. Obviously, if the child was conceived while you were deployed it is probably impossible that you are the biological father, but the marriage presumption applies until a judge says otherwise. If you have DNA testing done and it proves you are not the father, the final divorce decree should make a specific finding that you are not the legal father regardless of the fact the child was born while you were still married. You don't need to "prove" adultery - all you need to prove is that the child is not yours biologically.
Answered on Nov 22nd, 2012 at 4:26 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You will probably want to get a DNA test to prove paternity. Then you can decide what to do based on those results.
Answered on Nov 21st, 2012 at 8:10 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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A DNA test will prove whether the child is yours or not. They are not really that expensive any more.. As to proving adultery.. almost any admissible evidence is relevant.
Answered on Nov 21st, 2012 at 7:39 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Adultery is irrelevant in CA divorces. Get a DNA test Yes you can use deployment date as separation date but she can challenge it.
Answered on Nov 21st, 2012 at 6:32 AM