Legal Question in Family Law in New York
Can this be considered "Proof of Adultry"
I'm starting a divorce against my wife for constructive abandonment, mental abuse, and cruel and unusual punishment. I SUSPECT ADULTRY TOO, but is hard tp prove. Can stains in her underware together with stains on her panty liners which most likly contain seamen from her lover, be used as evidence to show adultry????? PI's are very expensive at and I figure I have proof right in my garbage pail!!!! Please advise ASAP...
2 Answers from Attorneys
Re: Can this be considered
Adultry is hard to prove and any proof would be considered in the aggragate. The real issue to be considered is if you even want to go there. You only need one item of fault for a divorce in NY. You might want to consider choosing an easier one to prove. Remember, that fault is not a factor in equitable distribution - so it matters less than most people think. Good Luck!
Re: Can this be considered
What does your attorney say about this problem?
IMO, you are proceeding the wrong way. Your wife may also want a divorce, so why waste time and money proving the irrelevant?
What you should be doing is negotating a fair settlement.
Hope this helps.
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