I found emails that suggest my husband was cheating while we were still together. We have been seperated for 6 months, but can these emails be used as a grounds for immediate divorce? Or should I just pass and wait the year? The other party lives in another state.
2007-09-26 02:29:26 · 13 answers · asked by butta1898 2 in Family & Relationships ➔ Marriage & Divorce
Usually there's the manditory waiting period (in Kansas it's 60 days) regardless of who's at fault or for what grounds. Talk to a lawyer about the emails and see if it's worth digging into. In Kansas, Adultery is a crime and the offenders can be registered as sex offenders. Proving that through email could be tough. If he's still cheating on you, you can hire a private investigator to catch him in the act, which would be more beneficial.
It depends on how much leverage you need against him. If the two of you can work things out, then there's no need to draw out the legal system (unless necessary for grounds for divorce). In Kansas, it's a no-fault state, so the judge has to grant a divorce if one wants out.
This is tough, as I went through a similar situation finding out about my wife's actions through her emails. Be strong and get as much leverage on your side as possible. Good luck!
2007-09-26 03:08:06 · answer #1 · answered by Kyle Rayner 1 · 0⤊ 0⤋
Most are no fault states. This means that the judge doesn't care about who did what or adultery. He will care to hear about the division of marital gain, only. That is, property and monies gained DURING the marriage only. To you personally, emails could mean many things. If you are separated and you think he was unfaithful, keep in mind that there were obvious problems before the emails were discovered. Most men when confronted with such accusations will balk at being honest to save face. He probably cheated. He's not going to say, "Yes, honey. I cheated and I still am cheating. How was your day?" It all comes down to what YOU want and what YOU are willing to put up with.
2007-09-26 10:08:13 · answer #2 · answered by maggieeld 3 · 0⤊ 0⤋
Depends on how you "found" them....if you hacked his computer (as in the account was not readily available to you and he didn't know you got into it) to find them, that's illegal in a lot of states. Alot of states also don't recognize adultery as grounds for a divorce. Best of luck to you. My advice is to just pick up the pieces and walk away with your head held high. There is something better waiting ahead, so don't get so bogged down in the past that you forget to look for it!
2007-09-26 09:41:04 · answer #3 · answered by CateCarter27 3 · 1⤊ 0⤋
Adultery is not a crime and depending on the state where you reside, not grounds for divorce.
Also, unless you have the emails validated, you cannot prove that he wrote them or that adulter actually took place.
So, most likely no.
TO VALARIE: What's UP with me is I am an attorney and I answer ONLY the questions asked. Now, I suggest you learn to read. I did not say Adultery wasn't grounds for divorce. I said it was not ILLEGAL.
Also, you are wrong. Adultery is NOT grounds for divorce in all 50 states.
Go to law school and maybe you'll learn.
2007-09-26 09:33:05 · answer #4 · answered by hexeliebe 6 · 1⤊ 3⤋
Talk to a lawyer about this kind of legal question. But in my state, which is no-fault, my daughter did use emails in the settlement phase. It helped, print out and keep everything. And back up your files.
2007-09-26 09:49:18 · answer #5 · answered by tjnstlouismo 7 · 1⤊ 0⤋
If you want to have fully admissible proof, you will have to send your computer off to a lab. Police and DA's do that all the time and it's further proof of the crime. I have no idea how much that would cost. Considering most places charge $65 for diagnostics alone, I wouldn't think it would be cheap.
2007-09-26 09:43:31 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Whats with the first answerer???
Adultery IS grounds for divorce in ALL 50 States!!!!
2007-09-26 09:37:52 · answer #7 · answered by Anonymous · 2⤊ 2⤋
Just wait the year. You say they "suggest", that is not good enough in a court of law.
2007-09-26 09:35:19 · answer #8 · answered by Spring 5 · 1⤊ 0⤋
Yes Adultry is grounds for divorce
But why don't you guy's just do a "No fault divorce" ALOT EASIER
2007-09-26 10:07:53 · answer #9 · answered by Anonymous · 0⤊ 1⤋
You can try, but an email can be altered; so i'm not sure if this can be admisable in court.......
I can alter emails to say what ever I want them to say, and then print them out......
2007-09-26 09:34:24 · answer #10 · answered by Moe 2 · 2⤊ 0⤋