Ask Me Help Desk - Can this prove infidelity?

My husband left our marriage abruptly a few months ago. I have circumstanstial evidence that he is cheating on me. I was told that infidelity in my state (Rhode Island) can only be proven if you catch the two parties "in the act" or by finding vehicles of the parties overnight together.

I have my husband's cell phone records showing that he is communicating with this his mistress on a very regular basis as well as a great deal of text messaging. If I have this along with a couple of photos of their cars parked together at a house in the daytime, can this prove infidelity? She is not on our phone records PRIOR to him leaving me. Also, does anyone know my chances of receiving alimony? He left me with a brand new business that, although it is doing well, is not profitable yet. We do not have children.

It's possible that this might be enough.

But I would ask, so what? All this evidence proves that he is seeing someone after he left you.

Unless Rhode Island has certain provisions against a spouce cheating, what relevance does it have?

Quote:

Originally Posted by catsareniice1

My husband left our marriage abruptly a few months ago. I have circumstanstial evidence that he is cheating on me. I was told that infidelity in my state (Rhode Island) can only be proven if you catch the two parties "in the act" or by finding vehicles of the parties overnight together.

I have my husband's cell phone records showing that he is communicating with this his mistress on a very regular basis as well as a great deal of text messaging. If I have this along with a couple of photos of their cars parked together at a house in the daytime, can this prove infidelity? She is not on our phone records PRIOR to him leaving me. Also, does anyone know my chances of receiving alimony? He left me with a brand new business that, although it is doing well, is not profitable yet. We do not have children.

You do not have to prove anything to file for a divorce, often the reason has little value as to receiving money, the fact he moved out and deserted you will have more of a bearing normally. Also in precourt filings your attorney will send an entire list of questions to your husband and perhaps to this lady also asking them all sorts of things.
He will be asked to list anyone he had sexual relationship with BEFORE he left you, it is surprising how many people tell the truth since they don't want to be found guilty of lying under oath at court

I would stop worrying about what he is doing, he is gone and figure how to get on with my life and getting a good attorney to file for divorce with.

Thank you for responding!

It is important to me to prove infidelity for several reasons... mainly for the principle of the matter. I find it not only disrespectful that he was and is cheating on me but to blatantly lie is also disrespectful and cowardice. Also, I put my husband through college. I always made a lot more money than he did until recently and without my past income he would not have a degree and a great job with benefits. He left me without notice when he became independent in his career . I currently work 6 days a week and do not make an income as I own a new business so it is not profitable yet. I want to prove infidelity for the reasons stated above. I need alimony and the extra 10 percent for infidelity would help me financially as I do not have a savings anymore due to my business. I am not fighting for alimony for spiteful reasons even though I am bitter.

I would like to add that I am over wanting him back now that I know that there is a woman involved. I despise him and do not care what he is doing.

Quote:

Originally Posted by catsareniice1

Thank you for responding!

It is important to me to prove infidelity for several reasons......mainly for the principle of the matter. I find it not only disrespectful that he was and is cheating on me but to blatantly lie is also disrespectful and cowardice. Also, I put my husband through college. I always made a lot more money than he did until recently and without my past income he would not have a degree and a great job with benefits. He left me without notice when he became independent in his career . I currently work 6 days a week and do not make an income as I own a new business so it is not profitable yet. I want to prove infidelity for the reasons stated above. I need alimony and the extra 10 percent for infidelity would help me financially as I do not have a savings anymore due to my business. I am not fighting for alimony for spiteful reasons even though I am bitter.

I would like to add that I am over wanting him back now that I know that there is a woman involved. I despise him and do not care what he is doing.

The putting him though college is a reason for alimony. But really fnding any facts will not do you any good, you know the truth don[t you, it is obvoius. And it is most likely that no physcial evidence will be available and the court will not rule is he was cheating or not, just rule on the terms of the divorce.

Honestly, moving on and not dwelling on this is the best cure for getting over it. But you have the right to keep digging but this fact finding is only gong to keep this pain active and not allow any healing till you are ready to move on with your life.

See a family law attorney. Maybe your soon to be ex. On penalty of perjury will admit the infidelity and you can get your 10%. It is too late to catch him in the act as you are already separated...

Again - this is from 2006. Please keep on eye on the dates.

OP has not been back.