QUESTION
Is my wife's Facebook sexual activities constitutes to a divorce?
Asked on Sep 01st, 2012 on Divorce - California
More details to this question:
My wife has been talking to an old high school flame on facebook. Talk consists of sexual agendas if and when she goes out to Arizona to meet him, saying to him how bad she hates me, and sending him pictures of her breasts. Does this constitute evidence, if I copied and pasted it to an email to save it that would keep me from having to pay alimony?
16 ANSWERS
Dennis P. Mikko
A person's activities on a social media site like facebook can, with a proper foundation, be admitted as evidence in court during the course of a divorce case. Whether it would be enough to prevent an award of spousal support would depend on all the facts of the case.
Answered on Sep 10th, 2012 at 11:05 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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Sorry, infidelity has nothing to do with support.
Answered on Sep 10th, 2012 at 11:03 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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It could be evidence, but it won't stop you paying alimony. Only economic misconduct matters in divorce. There are many factors for alimony, called spousal support in Ohio, contained in Ohio Revised Code.
Answered on Sep 10th, 2012 at 11:03 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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California is a no-fault state. What that means is that the court has zero interest in who is at fault for the breakup of the marriage.
Answered on Sep 10th, 2012 at 11:02 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It depends upon whether she failed to meet her responsibilities as a wife and mother (if there are children). Whether she gets maintenance depends upon whether she can support herself.
Answered on Sep 10th, 2012 at 11:01 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Since 1969 fault has nothing to do with divorce in California. You just have to have irreconcilable differences which have led to the irrevocable break down of your marraige, lived in the state 6 months and the county 3 months. No unequal division of property. Support is based upon need.
Answered on Sep 09th, 2012 at 4:16 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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California is a no fault divorce state. Whether or not someone has been unfaithful in the marriage makes no difference in matters of spousal support or property division.
Answered on Sep 09th, 2012 at 3:47 PM
Juvenile Criminal Law Attorney serving Towson, MD
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Law Office of Michael G. DeHaven, P.A.
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As a highly respected Baltimore County Judge proclaimed in announcing the disposition of a trial that I had with him recently: "Fault still matters in Maryland." The reason for the estrangement of the parties is a factor that a judge must consider in both alimony & a monetary award. In other words, you don't need to prove adultery (which in Maryland is defined as voluntary sexual intercourse between a married person and someone other than that person's spouse), just that her infidelity was the reason for the divorce. Also, it's possible the email would be sufficient corroboration of your claim that her infidelity is the reason for the estrangement, but the actual Facebook page would be preferable. You need to establish the "authenticity" of any document before a judge will admit it into evidence, and there are specific rules of evidence that an experienced trial lawyer will know to use to have electronic evidence admitted. Again, based upon your facts, I strongly suggest that you not simply rely upon this and the other responses that you will receive and that you consult with an experienced divorce attorney who has tried alimony cases. Only someone with trial experience can explain the impact of the evidence that you have in your case and how best to present that evidence to a judge.
Answered on Sep 09th, 2012 at 2:59 PM
California is a no-fault divorce state, so you don't need evidence of any adultery or anything else to petition for divorce. You should speak to a lawyer regarding the process, division of community property at divorce, alimony, etc.
Answered on Sep 09th, 2012 at 2:17 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If the divorce takes place in Colorado whatever your wife does or says on Facebook has no relevance to alimony whatsoever. If the divorce will be somewhere else you need to contact an attorney in that state to determine if fault or misconduct has any significance. In Colorado, spousal support (alimony) is decided solely based on a comparison of need versus ability to pay.
Answered on Sep 09th, 2012 at 2:15 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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California is a no-fault divorce state. The court will not act punitively against one spouse for acting morally badly towards the other spouse except in cases involving domestic violence. The court would most likely not see this evidence relevant and therefore, it would be inadmissible.
Answered on Sep 09th, 2012 at 2:08 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You are putting the cart way before the horse here. A claim for alimony can be completely defeated if the spouse wasted away marital assets on the lover. Not enough facts are given here in order to say whether the wife might be entitled to alimony.
Answered on Sep 09th, 2012 at 1:55 PM
California is a no fault state. You can seek a dissolution if you wish but her activities would not be considered in determining any financial arrangements between you.
Answered on Sep 09th, 2012 at 1:55 PM
Leonard A. Kaanta
The only grounds for divorce in Michigan are "That the bonds of matrimony have been broken and there remains no reasonable likiehood that they can be restored."
Answered on Sep 09th, 2012 at 9:45 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington State it would be irrelevant and would expose you to paying her attorney fees.
Answered on Sep 09th, 2012 at 9:39 AM
You don't need wrongful conduct for a divorce in California. It is a "no fault" divorce state. If you want a divorce all you have to tell the court is that you have irreconcilable differences. spousal support is based on an equalization of both your incomes not wrongful or "sinful" conduct.
Answered on Sep 09th, 2012 at 9:37 AM