Divorce For Cheating Wife
Description
How to fill out Affidavit By Respondent In Support Of Motion To Vacate Divorce Decree On Grounds Of Fraud Due To Forgery Of Signature As To Appearance?
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FAQ
Cheating has no bearing on division of assets unless you have an ironclad prenup. In a community property state, she would get half of the community property assets. If either or both could substantiate sole and separate property, that would remain with the owner.
In many states, adultery is grounds for divorce, so if your spouse cheats, you may be able to use that to improve your bargaining position. So, the answer to questions like, ?Do you still get half if you cheated?? or ?Does the wife get alimony if she cheated?? Not necessarily.
Your wife cheating on you is not a fact, by itself, the court will care about. However, if the person with whom she cheated is a safety danger to the children, the court will care. You can conduct formal discovery, which includes subpoenas, depositions and/or written questions to find out more about this other person.
Proving Adultery in a Divorce Case You must go beyond feelings and come up with hard proof that your spouse cheated or had an affair. Evidence could include documentation of the affair, like a photo of your spouse and their sexual partner together, or an admission by your spouse.
You must have evidence that your spouse cheated before the courts will grant the divorce based on adultery. This evidence must be solid and cannot be hearsay. Evidence often includes photos, recordings, bank and credit card statements, and witnesses.
