My husband has cheated on me twice in the past. I forgave him and we attempted to move on. Unfortunately, I have a strong suspicion that he is cheating again based on my past experience. He recently removed me as a manager for the phone bill. He has also been very secretive about his credit card statements, which I have always contributed to. He has never shared the statements, even after multiple requests. I feel that he is hiding something. At this point, we are in the process of separating, but if I can get file for divorce and get the subpoenas as proof of adultery, that would be ideal rather than waiting one year to divorce. Thank you for your advice.
You can file for adultery without proof, but in order to be granted the divorce under the grounds of adultery you will need to provide the court with admissible proof
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Yes if you have reason to suspect it you can file for an absolute divorce based on adultery then do discovery to find records. You have to prove he had the opportunity and inclination to commit adultery. If you separate you can file for a limited divorce too in case you can't prove adultery. If you have a written agreement and no minor children together you could file for an absolute divorce based on mutual consent without a waiting period.
Yes it is possible, but better, to gather photographic or other proof before you file. This is a matter best considered under the applicable State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. Once you are comfortable with he or she, hire them to represent you. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Or, if I really hit a home run, write a positive Review. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and unless this is a Maryland case, I am not licensed to practice law in your State. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should not rely on this information to make decisions. I urge you instead to consult with a local attorney.
Yes, you can file for a divorce based on adultery as long as you have reasonable suspicians. You can also request documents in discovery to build a case. You will need to show that he had both a propensity (meaning he would commit adultery, usually done by signs of canoodling in public) and opportunity (that they were in a dark room together). The evidence you cite may not be enough to prove adultery. You may want to invest in a private eye first.
The information provided in this response is for general informational purposes and does not form an attorney client relationship. Further, the facts of each case are distinct and therefore other than general guidance, the answer cannot specifically apply to all aspects of your case.
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