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Joined: Apr 2005
Posts: 500
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Joined: Apr 2005
Posts: 500
I've been told that my wife had the OM over to our home while my daughter was home. She also spoke to him on her cell phone in front of my daughter.

My wife has denied seeing the OM except for the one time I caught her and claims only an emotional affair that took place over the phone. The facts just don't add up.

Did anyone have the attorney deposition the OM/OW and what was the results. Any surprises?

I've been informed that if my wife brought the OM around in front of my daughter and that I could prove that it had a negative effect on her, that it might assist me in getting custody.

Joined: Jun 2005
Posts: 2,774
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As of this point I have not had to go to court. stbxh would avoid court at all costs I am sure because I have him by his.. well, you know. But, I do have a deposition from ow's now exh with all the facts of the affair from beginning to the end of their marriage should I need it. I am ANAL about keeping records. I have everything documented from like the beginning. I have him on text saying stuff, on email. Yup, if I have to go to court my stbxh doesn't stand a chance. He is better off to just walk away nicely at this point. We are actually all decided on everything but custody. I want full so we shall see what happens. All this stuff cost money and darnit, it really doesn't grow on trees! mlhb


God first, family second, and all else will fall into place.

Joined: May 2000
Posts: 15,150
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My x and I have joint legal custody and ours is worded so that I have primary care. I can make all the decisions I want - whether he likes it or not - as long as I keep him informed. I had it set up that way on purpose.

There are advantages to joint custody. In the event of a medical emergency while they are with the other parent, care can be authorized more easily. I wanted him to be responsible but I knew that I could not gain his cooperation on many parenting matters. It has paid off more than once. (We are currently in family therapy - after more years than you would believe. It's amazing how often the dr sides with me when the dad and I differ on how to handle things. He has never agreed w/ my x.)

Joined: Apr 2005
Posts: 500
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My attorney has repeatedly told me that my wife's affair will have no impact on the divorce or custody. I think he is full of it, because I believe that my wife had my daughter with her when she met the OM. My daughter had some medical problems during the affair and the doctor asked if she was under any abnormal stress. At the time I didn't think so, but now I know differently.

Having the OM come in for a deposition might help my case for custody and it might also prove that I am owed financially for all the things she/they did.

What kinds of things did you learn during the deposition? What types of questions did your attorney ask?

Joined: Jul 2000
Posts: 8,079
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It may help it may not, just because your spouse had an affair and your daughter met the OM, doesn't mean you will get custody.

The courts look at SO MANY different things.

if you live in a No-fault divorce State, your lawyer is correct and her affair really won't matter to the courts concerning the divorce or custody.

And depending on IF your wife spent money ON the OM, will depend on IF you could be reimbersed, if SHE paid for herself then No, because it was her spending her money on herself.

Quote
My attorney has repeatedly told me that my wife's affair will have no impact on the divorce or custody. I think he is full of it, because I believe that my wife had my daughter with her when she met the OM. My daughter had some medical problems during the affair and the doctor asked if she was under any abnormal stress. At the time I didn't think so, but now I know differently.

Having the OM come in for a deposition might help my case for custody and it might also prove that I am owed financially for all the things she/they did.

What kinds of things did you learn during the deposition? What types of questions did your attorney ask?


Simul Justus Et Peccator
“Righteous and at the same time a sinner.”
(Martin Luther)

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