Legal Question in Family Law in New Jersey

Proving Infidelity

My husband told me he wanted a divorce in July after 20 years of marriage. I had reason to believe he was having an affair, by text messages my daughter read on his phone. He denies it and says they are only friends. He has since taken a job in FL and moved 3 weeks ago. Last week, he mailed me his cell phone because he got a new one at work and mine wasn't working. New number, but approximately 250 text messages between him and the same woman were left on the phone. Most were ''love you'' ''miss you'' and alot of sex talk and how much they miss spending so much time together. He brought her a ticket to go see him this week. I also have all of his cell phone bills from May through September. Hundreds of calls between them. My question is, is that proof of adultry.


Asked on 11/16/06, 1:01 pm

5 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Proving Infidelity

No, this is not certain and clear proof of adultery. It sure shows that there likely was and is adultery, but you have asked whether this definitely proves it. No, it does not.

You do not need proof of adultery.

You need a divorce. Your husband has move 1500 miles away, and has a new job; his girlfriend is going to see him. He is spending 'marital assets' on flying her to see him.

This is bad. Your marriage is over. You have children to raise and put through college. You have bills to pay. You and he have other assets.

You need to see a lawyer and protect yourself immediately.

I would like to be your attorney. I would be happy to talk to you about your rights. So, please give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/16/06, 1:13 pm
Gary Moore Gary Moore Attorney At Law

Re: Proving Infidelity

It does not really matter. Divorce in New Jersey is virtually automatic; it takes very little to get divorce.

What you have is proof of an amorous relationship with another woman. Adultery requires direct or indirect proof of actual sexual relations outside the marriage.

Proof of adultery gets you only a divorce. It does not affect the financial issues such as alimony, distribution of the marital estate, child custody and visitation.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/16/06, 1:50 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Proving Infidelity

As the other attorneys already indicated, you don't really have to concern yourself with proving adultery. 98% of divorces settle anyway. I suggest you get an attorney to assit you with the filing of divorce. My initial consultations are always free, so feel free to call me at 732/247/3340 and we can discuss your situation in more detail.

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Answered on 11/16/06, 3:21 pm
Barry Kozyra Kozyra & Hartz, LLC

Re: Proving Infidelity

While your "evidence" is suggestive of an affair and maybe even adultery, it is not the type of legal proof that will create a large difference in the financial outcome of the trial of your case.

That is not to say that it will not have an effect on negotiations, strategy and the emotional impact of divorce proceedings.

Your attorney should explain that when you meet and provide all of te details of your marriage. As the other attorneys suggested, see one sooner rather than later.

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Answered on 11/17/06, 8:39 am
Frank LaRocca LaRocca & Associates, PC

Re: Proving Infidelity

The proofs that you have suggest an affair and would probably stand up if ever challanged (as unlikely as that may be). Mr. Kozyra was correct when he alluded to what really matters: did your husband dissipate marital assets in support of this affair? That is really the issue when dealing with adultery. I have an office in Monmouth County if you need to talk. 7324091144

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Answered on 11/17/06, 10:55 am


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