Legal Question in Family Law in New York

Re: Should I hire a PI to prove at fault divorce?

The only advantage to hiring a PI would be to avoid the one year waiting period before you could allege constructive abandonment (one of the acceptable grounds for divorce in New York, which, by the way, does NOT allow "no fault" divorces - you must have one of the six statutory grounds for a divorce). If the PI gives you concrete proof of adultery, you can obtain a divorce immediately.

However, under New York's equitable distribution scheme, one party being at fault does NOT affect the distribution of property.

If you'd like to discuss the matter further, please feel free to get in touch.

Re: Should I hire a PI to prove at fault divorce?

Marital fault is unrelated to equitable distribution. If she wants the divorce, you may not need to "prove" the adultery. All you wil need do i iron out the economics of the divorce

Daniel Clement

thedivorcereport.com

Re: Should I hire a PI to prove at fault divorce?

You should meet with several lawyers before choosing one to represent you. Don't give too much weight to how you found them, just take the time to meet and pick the one you feel most comfortable with.

The expense of hiring a PI may be justified if he can show economic waste, or if the divorce is likely to become contentious and the PI turns up material that is both admissible and casts a bad light on your wife. But the courts usually don't like grounds trials, especially concerning adultery, so you should really look to your attorney to help decide whether the PI has something valuable to offer. Consult with someone qualified as soon as possible.

Re: Should I hire a PI to prove at fault divorce?

The investigative report that would be most useful to you probably would be one with an emphasis on your spouse's "financial" conduct.

Good luck,