My case: she fall out of love with me, then got to know a rich guy... so she decided to file for divorce cos she said she has no feelin for me anymore and she finds me a burden, and the marriage cert a restriction for her.... but b4 she told me all these, she has been going out with this guy without letting him know she is married ( though he knows now), and they have been calling each other darling, etc... (got to know all these from peeping into her MSN history)
i wonder if they have been doing intimate activities>???
1)can my case be define as her committing adultery or infidelity?
2)what are the chances i need to give her maintenance fees?
3)im not filing for divorce but she is... not sure whether she will apply for the maintenance fee..
4)my marriage is on 24 april 2006, i know we cant get the divorce within 3 years....
what should i do? she has been kicked out by her family for doin this, we have been living separately since nov 23rd 2007
2007-12-07 20:13:38 · 8 answers · asked by yennie 2 in Family & Relationships ➔ Marriage & Divorce
Adultery is having sex with someone other than your spouse. Infidelity is a situation where you commit emotionally towards someone other than your spouse. Neither is a crime. In most states, divorce is "no fault." Thus, if one person files for divorce, that's usually enough to make divorce happen.
Go see a good family law attorney immediately if not sooner!
Sounds like you've been married for a year and a half. Even if you live separately, you're still married. Get some good legal advice regarding alimony. (Some states put a PC spin on it calling it "spousal support.")
I don't know why you can't get a divorce for three years- Was this some sort of immigration deal? If so, then you need two attorneys, one to help you support a bona fide marriage attempt, and the other to resolve the alimony muddle.
Just a WAG, but I think since your marriage hasn't been too long, there's a good chance the family court will divide what the two of you have earned during your marriage and that will be that.
And stay out of her MSN. That's rude and won't help much with your divorce. If she tells you about her boyfriend, that's another matter.
If she's been "intimate" with anyone is irrelevant at this point.
Sounds to me if you can get away from this woman with just splitting the community property, you'll be better off. She dated while she was still living with you. Let her boyfriend deal with her future infidelity. Good luck.
2007-12-07 20:46:15 · answer #1 · answered by going_for_baroque 7 · 0⤊ 0⤋
Where the heck do you live that you can't get divorced until you've been married 3 years?
You need to move! {;o)
Listen, if the marriage is over between you two, see a lawyer. He/she can tell you the answers to your questions and do a lot better job at it then most of us here.
I strongly suspect you are not in the US though by your wording of things.
Things regarding marriages & divorces in the US are different then elsewhere so most of us won't be able to help you much.
,
I can tell you that in the US adultery means a married person has been having sex (intimate activities) with someone they are not married to. And in the US the burden of proof lays on the accuser not the accused.
Your wife doesn't have to prove that she HAS NOT been having sex outside the marriage...YOU have to prove that she has been.
In the US..."Going out" with someone and calling them Darling is NOT proof of adultery or infidelity. Many close FRIENDS go out together and call each other Darling.
In the US, usually couples that have only lived together for a brief time, say less then 2 years or so, are not required to pay spousal support (alimony). They do a property settlement and walk away.
In the US support is not awarded based on a person's sex or who was in the wrong for the marriage ending.
While adultry isn't against the law in some US states it is in others. If this is the case where you live and you have real proof that adultry is going on, (they check into hotels together, she is staying over night at his place, etc.) consider having her arrested the next time she and her friend appear to be hopping into bed again. You will probably need to catch them in the act though, but this would certainly prove your charges of adultry.
Like I said, see a local lawyer and do so quickly.
2007-12-08 04:51:07 · answer #2 · answered by Kaye 6 · 1⤊ 0⤋
It sounds like it can be defined as adultery or infidelity. It depends on the country or state if in the US if they will allow it. Most states in the US don't do that any more.
The same for maintenance fees. It depends on the judge and the state or country.
As far as either letting her stay with you or kicking her out so she can find her own home that is up to you. If you can handle her being in the same house as you and still technically being married then that is your choice but know that she will continue doing what she has been doing before and it will be extremely difficult for you. I finished reading you have been living seperately since Nov I suggest you continue doing that and proceed with the divorce. Also remember that if you have relations with another woman it can also be considered infidelity.
2007-12-08 05:11:42 · answer #3 · answered by bssd12000 5 · 0⤊ 0⤋
If she is at fault file on the grounds of adultery. This may also depend on what state you're in. It's basically the same thing.. Mine was filed under infidelity. Make sure you file for divorce she already has and may be lying about the grounds. If you file too then you can fight on your terms. Don't back down and make sure you counter her demands. (If she asks for the house, car etc you ask for them) Remember she did wrong not you. Sorry this happened to you best of luck
2007-12-08 04:48:58 · answer #4 · answered by jerry b 6 · 2⤊ 0⤋
hi what a mess ,look you need to go and speak to a lawyer and take this list of questions with you and he will be able to tell you exactly where you stand ,im sure youre wife is only after this guy due to the pound signs that she sees,and as for the darling well that is to wind you up and by the sound of things it is working .......im sorry that this is happening to you ....take care xx
2007-12-08 05:13:23 · answer #5 · answered by a parent hows been there !! 4 · 1⤊ 0⤋
To me the diff between them is the same.
But -
She is the culprit. She did it all. So you owe her nothing, nada, zilch, zero, a big goose egg. No kids, I hope.
If you are rich, the lawyers will be salivating. But it is a necessary evil. You must get one now.
If you are poor (or, not so rich), then all the better. She can't come after you. But, YOU CAN GO AFTER HER for maintenance and what not.
2007-12-08 04:41:43 · answer #6 · answered by Nightrider 7 · 1⤊ 1⤋
get a lawyer. Defend yourself and your family. She will get all she can out of you. Stop her from doing that
2007-12-08 05:57:43 · answer #7 · answered by docC 3 · 0⤊ 0⤋
nail her 2 the wall..... fast GET A LAWYER NOW...
2007-12-08 04:20:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋