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Joined: Nov 2006
Posts: 4,222
J
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Joined: Nov 2006
Posts: 4,222
I am seeking advice for my wife's aunt. Her husband began acting suspiciously this winter, moved out in March (she doesn't know where he lives), and filed for divorce (citing mental and emotional cruelty) just a few weeks ago. He made some changes with the phone company and bank account so that she can't see his cell phone and bank statements. He also took their home equity checks. It is obvious to me that he is engaging in an affair. He also works for the military, so if she could prove adultery, he might be forced to cut off contact w/ the OW.

I just had a few questions about WV divorce law. I believe that they do not have no-fault divorces, and that if he can't prove emotional cruelty, he must be separated 1 year before the divorce can go through. She wants to fight this, so what would be her best option? What would it take to prove adultery? If she did prove it, how would that affect the divorce? She is reluctant to reach out right now, so I wanted to do some digging for her.

Just for some background, she has been married to her WH for 20 years and they have no children.


Jim

BS - 32 (me)
FWW - 33
Married 8/31/03
No kids (but 3 cats)
D-Days - 8/25/06 (EA), 11/3/06 (PA)
NC agreed to - 11/8/06
NC broken - 11/28/06, 12/16/06, 1/18/07, 1/26/07, 1/27/07
Status - In Recovery
Jim's Story
Joined: Jan 2005
Posts: 2,715
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JMW, try doing a google search for this. I did, and the first site that came up had some good information.

Quote
§48-5-203. Grounds for divorce; cruel or inhuman treatment.
(a) A divorce may be ordered for cruel or inhuman treatment by either party against the other. Cruel or inhuman treatment includes, but is not limited to, the following:
(1) Reasonable apprehension of bodily harm;
(2) False accusation of adultery or homosexuality; or
(3) Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable.
(b) It is not necessary to allege or prove acts of physical violence in order to establish cruel and inhuman treatment as a ground for divorce

Joined: Mar 2007
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Sounds like a wayward, by the above definition, is performing cruel and inhuman behavior.


D-Day 28 Feb 06
Plan D (Not by choice) - 24 March 06

DD6
DS4(Twin1)
DS4(Twin2)

She moved away with the kids April 08. I contested it and got a lot more time with my kids. She's unhappy that I want to stay involved in their lives and don't settle for being an "every other weekend" dad.

Never going to happen.

Ongoing personal recovery through the help of friends, family, and DC United Soccer!
Joined: Nov 2006
Posts: 4,222
J
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Joined: Nov 2006
Posts: 4,222
Originally Posted by Owl
JMW, try doing a google search for this. I did, and the first site that came up had some good information.

Quote
§48-5-203. Grounds for divorce; cruel or inhuman treatment.
(a) A divorce may be ordered for cruel or inhuman treatment by either party against the other. Cruel or inhuman treatment includes, but is not limited to, the following:
(1) Reasonable apprehension of bodily harm;
(2) False accusation of adultery or homosexuality; or
(3) Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable.
(b) It is not necessary to allege or prove acts of physical violence in order to establish cruel and inhuman treatment as a ground for divorce

Thanks. I've already found out that much, I just wanted to know if anyone was familiar with how the whole situation works, like would he be able to prove cruel and inhuman treatment, and if adultery was proven how would that affect support and division of assets.


Jim

BS - 32 (me)
FWW - 33
Married 8/31/03
No kids (but 3 cats)
D-Days - 8/25/06 (EA), 11/3/06 (PA)
NC agreed to - 11/8/06
NC broken - 11/28/06, 12/16/06, 1/18/07, 1/26/07, 1/27/07
Status - In Recovery
Jim's Story

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