Legal Question in Family Law in Michigan
''Spouse Affair Evidence''
I was annonymously informed my spouse is having an affair and since have video tape confirmation. My spouse has no idea that I am aware of her affair. Will secretly gathering incriminating evidence against her help me gain custody of our 6 yr. old son once I file for divorce? Should I contact an attorney now or should I wait until I have more evidence of this affair?
1 Answer from Attorneys
Re: ''Spouse Affair Evidence''
To Whom It May Concern:
This is in response to your email submitted to LawGuru.com on April 19, 2001, which we received on June 12, 2001.
I am sorry to hear that you wife is having an affair.
In Michigan, evidence of an affair can be persuasive in assigning fault, which is a factor in determining the division of property and the amount of alimony, if any.
However, with regard to child custody, the Michigan Supreme Court has ruled that an affair may be irrelevant as to the issue of child custody.
In any case, if your intent is to obtain a divorce, I recommend that you contact an attorney immediately.
Sincerely,
Charles L. Nichols
(313) 561-5700