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Joined: Oct 2003
Posts: 27
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OP
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Joined: Oct 2003
Posts: 27 |
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Joined: Apr 2006
Posts: 697
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NO infidelity is the actual act of sexual incourse between a married person and a 3rd party.
Now in some states youc an show that the behavior of the S involved in an EA and or EA/PA created such indigneties to the BS that a fault divorce is granted.
In most cases, even when there is fault the parties divorce based on a no fault. It just is your best interest to negotiate your best settlement. Also keep everything documented so you can leverage your S and their attorney.
Why are you already considering Divorce, can you provide more details on your situation?
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Joined: Oct 2005
Posts: 6,025
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Joined: Oct 2005
Posts: 6,025 |
I am not certain
but you may be able to utilize the documented proof of the on-line affair together with evidence of opportunity to demonstrate they did, in fact, engage in a physical affair. You don't need pictures or descriptions of the actual sex to prove adultery. A copy of a trip itinerary to his/her town of residence, a photo of his/her car in the OP's driveway, etc.
Mr. Wondering
FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered
"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.
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Joined: Oct 2003
Posts: 27
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Post deleted by haf
Last edited by haf; 09/14/06 09:45 AM.
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Joined: Apr 2006
Posts: 2,693
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haf,
I don't know where you live but it might really be irrelevant.
I live in california which is a no fault state. There are only two grounds for divorce: irreconcilable differences and insanity. Now what your husband is doing and you not accepting that may be an irreconcilable difference.
In other states I believe NY for example an A is grounds for divorce and it is taken into condsideration in a D.
There have been posts about what is and is not legal as far as snooping on your H through the computer etc.
So first I would find out if it matters then if it does I would research the law in your area as to whether or not the consider it infidelity. Even if it isn't I am sure that you would be granted a D. There are many other reasons for a D.
BS 38
FWW 35
D Day 10/03
Recovery started 11/06
3 boys 12, 8 and a new baby
When life hands you lemons make lemonade then try to find the person life hands vodka and have a party.
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