QUESTION
Would it help if I hire a personal investigator to see if seperated wife is having an affair with a co worker?
Asked on Dec 03rd, 2013 on Divorce - California
More details to this question:
We've been separated for 8 months being married for 16 years. 2 weeks ago one of our daughters tells me that her mother has a boyfriend from work. Would it help in court for me to hire a personal investigator to see if infidelity is occurring and the children know it?
10 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
You should discuss with your attorney. If you are separated for eight months? Why do you care who she is sleeping with; should the Wife investigate you also?
Answered on Dec 06th, 2013 at 3:16 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
It makes no legal difference whether she has a boyfriend or not. The date that the complaint if filed ends the divorce. The NJ courts do not care why the parties want a divorce no fault state. The only relevant issues are the equitable distribution of the assets and the welfare of the children unless you claim that she spent a significant amount of the marital assets on the boyfriend.
Answered on Dec 06th, 2013 at 7:20 AM
Bruce Provda
Infidelity after separation should not matter all that much in a divorce. NY is also a no fault state so you really don't need to go there to get a divorce.
Answered on Dec 05th, 2013 at 7:55 PM
The only reason your wife's affair would be relevant in a family law case is if she is having sex in front of the children. If you hear something like that from your children, call Child Protective Services. Save your money on the investigator because virtually anything he would find out would not get into evidence at court.
Answered on Dec 05th, 2013 at 7:55 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Maybe, but probably not a whole lot. Perhaps if you could prove that an affair was happening before the separation, that might have some effect on the property settlement. You have to remember that after the divorce, you will have and she will have other people in your lives. If this started after the separation, then she just got the jump on you.
Answered on Dec 05th, 2013 at 7:54 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
In Michigan while infidelity is technically illegal its not a determining factor in a divorce but it could make a little difference in splitting up marital assets. (think instead of 50-50 you may get 60-40). Further if you have been separated for 8 months a judge will take that into account (and split assets according to what each has in their possession financial investments being separate) So no, its not really worth it.
Answered on Dec 05th, 2013 at 7:53 PM
Having an affair is not a consideration for divorce. Florida is a No-Fault State and no reason need to be given. Additionally, having an affair will neither hurt nor help the division of property, debts, spousal support or child support. My suggestion is that you retain an attorney and move forward with your divorce.
Answered on Dec 05th, 2013 at 7:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Once you are separated the effect of an affair will be little or nothing in today's courts. Spend the money on a good divorce attorney.
Answered on Dec 05th, 2013 at 7:52 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Unfortunately, lack of faithfulness is no longer a biggie in the court system. The only way, at least in Nebraska, that would make a difference is if you can prove that her involvement with another is negatively impacting your children.
Answered on Dec 05th, 2013 at 7:51 PM
In California infidelity has no legal relevance. Save your money.
Answered on Dec 05th, 2013 at 7:50 PM