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    runtums76's Avatar
    runtums76 Posts: 3, Reputation: 1
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    #1

    May 25, 2007, 05:15 PM
    Proving infidelity in a marriage for the purposes of divorce
    Hey there,

    My brothers wife left him and for three weeks before she was calling and texting this other guy regularly for 3 weeks (30 text messages a day and late night phone calls for 3 weeks). When confronted, she said she was talking to her sister's boyfriend on someone else's phone. Her whole family backed her up on this claim. They have not been legally separated as of yet. She also claimed she did not even know the guy whose cell phone she was calling (subsequently, she was calling the same guy's office line too at 11pm in the night). Recently, we found a picture of him and her on a "networking" site and he was one of her "friends" on this site.

    If my brother gets pictures of them now, and has the cell phone records and the testimony from everyone who asked her about it and her claim that she didn't even know him, it that enough evidence that she was unfaithful before leaving him. And since she is not legally separated from him, does it count as anything ?

    She is trying to walk away from all the bills they accrued over their marriage and leave him with all the debt which I find deplorable. She also left him right after she got her citizenship -- so my brother feels entirely used. I don't want her to have the benefit of breaking his heart and ruining him financially as well -- can anyone advise me on this ?

    Thanks !
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 25, 2007, 05:39 PM
    Normally proof of affairs have little bearing in court, most states don't require fault for divorce. And now after they are separated, it really does not matter, proof of the affair while they were still together may have helped some.

    And of course she will walk away from the bills, divorce does not take her name off the debts, if she chooses to have her credit ruin there is little any court can do, to make her pay any bills.

    Best thing he can do, hire the best, most dirty fighting attorney he can.
    Make sure he has closed any and all joint bank accounts.
    runtums76's Avatar
    runtums76 Posts: 3, Reputation: 1
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    #3

    May 26, 2007, 09:21 AM
    Thank you so much for the advice... it just pains me to see my brother in so much distress. Its sad that people in this world can treat other people with so much carelessness and calousness. Such is life though. I just need to help him move on.

    Thankfully he has taken all the precautions about joint bank accounts. Sadly, a lot of their debts carry both their names or just his, so if he stops paying the bills his credit will be ruined.

    Thank you so much for your advice... its much appreciated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 26, 2007, 01:39 PM
    Yes, the family court just "kills" me, everyone comes in with all their lies, they lie about their income, about their life style, so much.

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