Hi.

I have my husband's cell phone records showing that he has been speaking to another woman on a very regular basis. The phone calls are mostly everyday with ocassional 2-3 days gaps. The calls are usually no more than 3-4 minutes, with the majority of them being 1-2 minutes. Sometimes there are several in a day.

Can this prove infidelity?

We are in the midst of a divorce. He left our marriage abruptly a couple of months ago and the phone calls began to develop 4 days after he left me.

My lawyer told me that you need pictures of people in the act or find the parties parked overnight to prove infidelity and several other lawyers have told me that what I have is more than enough proof.

I just want more feedback or if someone really knows the answer I would love to hear your input.

Thank you.

RickJ

1. No. Not proof at all by itself. Not even close (legally), actually.

Your attorney advises you right: If there were pictures, then those phone records would be an important part of the evidence.

I think the other attorney probably communicated to you poorly. It does not matter if your husband called her every five minutes: It, by itself, is not proof of infidelity. If he's an attorney, then he knows that. He either just communicated poorly or may have been eager to get your business.

Fr_Chuck

Also even if you "prove" he is not being faithful, it really does not help much now adays in court, esp AFTER you have seperated for a divorce.

The phone records only prove he talked to some girl, ok, you know and I can figure what it is about, but he can say it was anything he wants to.

Your attorney could contact this girl and see if she will testify that she was.

catsareniice1

I appreciate the feedback.

Thank you.

fredg

Hi,
The "several other lawyers" who said the phone calls is enough, are only out for your money!
Stick with your current lawyer, who gave you some good information and advice.
Do you have a Separation Agreement, drawn up and signed by both parties? Your lawyer would be the one to ask about this, and also be responsible for drawing up your final Divorce Agreement. Best of luck.

catsareniice1

We do not have a separation agreement so if I find just my husband's car and his mistress' car parked alone somewhere would this potentially prove infidelity along with the phone records? Some people also tell me that it depends on the judge assigned for the day.

I want to prove infidelity because I find it extremely disrespectful and a huge betrayal.

Thanks for the feedback everyone!

RickJ

Yes, much will depend on how the judge views the evidence as a whole.
...so try to get something besides just phone records...the more "bits of evidence" the better.

catsareniice1

For anyone interested..........

I may have some evidence now for my case. I found a cancelled check that he wrote in 2004 to the girl my husband speaks with on his cell phone and I also obtained some clear photos of their cars alone together.

CaptainForest

Why not try to get the "money shot". That is, your husband and this woman in bed together.

whereisthesun

She may have trouble getting that shot though......That would be awesome though.