Legal Question in Family Law in New York

divorce

I am currently on child care leave with my 19 mth old and I am expecting another child in about 2 mths from now. I believe my husband is cheating because their was a certain number that called him often to the point where he started leaving his phone off when he was around me so I wouldn't find out. I did a phone look up and the number belonged to a female. My sister and I called the female on three way to find out if a man lives with her. She confirmed that no man lived there. I therefore came to the conclusion that my husband was seeing her. Not only has she been calling him, he has been calling her whenever he can get away from me. How should I proceed with this divorce? I have no other place to live right now. I'm expecting a newborn and I haven't returned to work yet because of this. What should I do? I know I have to PROVE that he is cheating and I do have an address of the female. But is me and my sister confirming that no male lives in the household that my husband is constantly in contact with enough? Should I take pictures of the phone number in his phone and the pictures of the info I retrieved proving that the phone number belongs to a female? Please contact me ASAP.


Asked on 6/17/07, 10:23 am

5 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: divorce

I have read your question. The chances are huge that he is in fact cheating, according to what you have said.

Your situation is horrible. You need an attorney's assistance to tell you what the law is, figure out what your choices are, and try to choose how to proceed. This will not be easy, but much better with a good divorce attorney.

Now, don't take this wrong, but let me summarize:

you are in the middle of a divorce.

You and your soon to be ex both probably have a job. You may have a house. you may have savings, pension, credit card bills, and other things to deal with.

you have a child (children), and child support and college tuition needs to be paid. That is measured in tens of thousand of dollars.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the child.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

If you would like, 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 6/18/07, 10:45 am
Daniel Clement Law Offices of Daniel Clement

Re: divorce

It is not clear from your question whether your divorce would be governed by New York or New Jersey law. Therefore, I will not directly answer your question as the advise I give is dependent upon in which state you live.

I suggest you immediately contact an attorney to discuss your rights.

Daniel Clement

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Answered on 6/18/07, 11:40 am
Kristen Browde Browde Law, P.C.

Re: divorce

You should consult a matrimonial attorney in your area. The first question you have to answer is whether your divorce will be in New Jersey or New York.

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Answered on 6/17/07, 11:07 am
Gary Moore Gary Moore Attorney At Law

Re: divorce

Proving adultery is not hard. All that is required is that two people stay in the same space, along, for an extended period of time. His calling another woman is also an indication of a secret life, but be practical leave when it is more financially feasible, unless he earns ample money to support you while you care for young children and restore yourself.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/17/07, 11:55 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: divorce

The cause of action in a divorce is rarely litigating. I wouldn't worry about it. However, doing this pro se could be difficult because of the kids alone. I suggest you consult with an attorney before you do anything.

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Answered on 6/17/07, 12:12 pm


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