Legal Question in Family Law in New Jersey
Burden of Proof
What type of documentation, if any, is required by the court(s) and/or admitted as proof if I want to divorce on the grounds of deviant sexual behavior and/or mental anguish? For instance, I have copies of cell phone bills, credit card statements and e-mails with incriminating evidence. I am also keeping a journal of his actions and cruel comments towards me.
For instance, he has spent over 300 minutes a month on cell phone calls to this person. He also took the person out to dinner on the night of our wedding anniversary, returning well after 2 a.m. with a lame excuse (which has now become a regular habit). Also, I overheard him making plans to be with this person on Christmas Eve so that they can 'play'.
Do I need to go as far as hiring a private investigator to prove my husband's misconduct or will the above documents suffice? I honestly don't want to know the details of his actions, nor can I afford an investigator.
1 Answer from Attorneys
Re: Burden of Proof
Thank you for your inquiry.
You do not need to hire an investigator. You already clearly have grounds for divorce. What is really important regarding the divorce are children, assets and debts.
It would be my pleasure to speak to you regarding your potential divorce. Accordingly, please feel free to contact my office at 732-246-0909.
Very truly yours,
Edward R. Weinstein
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