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    swiclifer@yahoo.com's Avatar
    [email protected] Posts: 1, Reputation: 1
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    #1

    Feb 25, 2006, 12:22 PM
    Defense against immoral conduct?
    Hello,
    A friend(Key Word) and school advisor recently divorced. Her husband had me served with a Arbitration Paper. It claims immoral acts on my part caused his divorce. I have never been to there home, and have several E-Mails from her which show I rebuked her advances and that I was only talking to her as a friend. Additionally, I was not in the country during a portion of when it states this occurred. I will have documentation, as well as noterized letters from my church.
    I also can prove that I only see my fiancé whom I live with, as well as to the fact that everything I do is in the African American community.
    I have contacted a attorney, but won't hear from him until next week. He is claiming damages for seeing a psychiatrist, and divorce costs.
    Any thoughts on a defense beside my documentation? Thanks.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #2

    Feb 25, 2006, 12:35 PM
    Honestly, I don't see that he has a case.

    You have contacted a lawyer, which is good. As long as you have documentation, and your honest testimony, you will probably win.
    wynelle's Avatar
    wynelle Posts: 184, Reputation: 21
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    #3

    Feb 25, 2006, 02:54 PM
    I think the errant spouse may have claimed that you were involved, or interpreted your actions/emails the wrong way. Or is purely delusional.

    Anyway, in these days of "no-fault" divorce, immoral behavior only impacts when determing custody and child support. But I remember the old days, when mistresses and boyfriends were paraded through court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 25, 2006, 06:36 PM
    I will agree with wynelle, that either his ex talked about you, since she was interested in you. Remember he has to show that you did this, you don't really have to show you did not do something, but of course in reality yes you do.

    Your attorney will file a motion to get a copy of all the evidence they will have against you. Then you will know where you stand. If you ever did anything together, pictures ofyou all together, testomony from people where you work on things they saw. You would be surprised at how bad innocent things can look.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #5

    Feb 26, 2006, 06:27 AM
    Hi,
    I am glad you have a lawyer. He/she will be able to give you Professional advice. I really don't see anything here which can be legally used against you.
    Sounds like he is just trying to get money from someone, to pay for his divorce.
    I do wish you the best of luck.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #6

    Feb 26, 2006, 08:29 AM
    Hello sw:

    Couple things. I notice that you do not deny that you were intimate with this woman. You state that you've never been to their home. So what? You could screw her in a motel.

    You have emails stating that you rebuffed her advances, but that doesn't mean that you didn't succumb at some other time. You say your emails prove that you're only a friend. Friends screw each other.

    You say you were out of the country when "a" portion of this occurred. However, if you were in THIS country at any time when this occurred, it matters not that were gone some of the time.

    Sorry. You can't prove you ONLY see your fiancée. Additionally, if she's white, you cannot prove that "everything you do is in the African American community". That stuff just factually can't be proven.

    If this is all you've got, I think you have more to worry about than my cohorts do. Besides, in my experience, people don't just pick people out of the blue to make totally false accusations on, and then spend their hard earned money trying to prove it, unless there wasn't SOME substance to the allegation. But, what do I know? I'm a convicted felon.

    excon

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