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  • Proving infidelity

    Hi all,

    I have questions about proving infidelity in a divorce claim. Short story is is that my friend is going through a divorce, and his W will not accept irreconcilable differences as grounds and is planning on going to court. How would one go about proving infidelity? I understand it is difficult to do, but I would really like to understand everything involved/surrounding the whole thing...the more information the better!! She is saying he admitted to it, he is denying he did....it will get very he said/she said and nasty quite quickly.

    Thanks

  • #2
    why not wait for a year and go the years separation route??

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    • #3
      In Ontario it's called "No Fault Divorce". Basically, it doesn't matter who did what. The issues are Child and Spousal Support, Division of Property, Custody and Access etc.

      Get everything done ... stay away from lawyers.

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      • #4
        W does not want to wait a year and wants it over with now. Is apparently under the misguided impression that taking this to court will have things said and done in 2-3 months....which I find hard to swallow since she won't agree to anything in the separation agreement.

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        • #5
          Wishful Thinking!

          Originally posted by ella2009 View Post
          W does not want to wait a year and wants it over with now. Is apparently under the misguided impression that taking this to court will have things said and done in 2-3 months....which I find hard to swallow since she won't agree to anything in the separation agreement.
          If the issues don't get settled quickly your friend can "get it done" in a year (or so). What's the hurry anyways? Whoever your friend is, it doesn't matter whether he is screwing around of her or the other way around.

          Unless he/she is planning on getting married within a year (read crazy), then she should let "the process' take it's course.

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          • #6
            Even if he were to initiate the paper work and she agreed, the courts will not issue a final divorce until that one year has lapsed, it's just the way it is.
            It's more of a caution, it ensures that the divorcing parties are indeed at a point where divorce is the only option and that there is no possibility of reconciling. It's going to take a year regardless.

            Even if he were to initiate the paper work and she agreed, the courts will not issue a final divorce until that one year has lapsed, it's just the way it is.
            It's more of a caution, it ensures that the divorcing parties are indeed at a point where divorce is the only option and that there is no possibility of reconciling. It's going to take a year regardless.

            FYI the reason for the divorce is secondary, yes the courts request a reason, but really do not weigh the reason against the final ruling. It’s still going to take a year before the courts grant a divorce order regardless of the reason.
            Last edited by FL_Needs_To_Change; 03-13-2009, 06:36 AM.

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            • #7
              Originally posted by FL_Needs_To_Change View Post
              Even if he were to initiate the paper work and she agreed, the courts will not issue a final divorce until that one year has lapsed, it's just the way it is.
              It's more of a caution, it ensures that the divorcing parties are indeed at a point where divorce is the only option and that there is no possibility of reconciling. It's going to take a year regardless.

              FYI the reason for the divorce is secondary, yes the courts request a reason, but really do not weigh the reason against the final ruling. It’s still going to take a year before the courts grant a divorce order regardless of the reason.
              Really, I did not know that, thank-you . He is contented to wait, she however, is not. She has stated many a time that she will not accept anything less than infidelity as grounds for the divorce...which is why I was asking the original question. My understanding is that you have to have solid proof, but what does the law consider "proof"?

              Comment


              • #8
                Originally posted by SNAFU View Post
                If the issues don't get settled quickly your friend can "get it done" in a year (or so). What's the hurry anyways? Whoever your friend is, it doesn't matter whether he is screwing around of her or the other way around.

                Unless he/she is planning on getting married within a year (read crazy), then she should let "the process' take it's course.
                There is no hurry, she's just nuts. They are currently both residing in the matrimonial home with the children until things get settled. At the beginning of things she wanted everything over and done with, everything sold, divded and settled in record time. So, my friend specified in the agreement, per her request, that the home be sold, proceeds dividided, contents sold and seperated etc...*per her*. Now she's flopped the other way and wants EVERYTHING...even though there is no way she can afford that house let alone maintain it.

                If he agrees to something then she changes her mind. If he doesn't want to do something then she fights it tooth and nail. She has taken what he has said and twisted it to suit her needs and made false claims about statements said...needless to say he's learned the hard way that he *has* to have a third party around to act as a witness and to not be left alone with her in the house so that false claims cannot be made.

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                • #9
                  unless you have tangeable proof (meaning photos) why bother........like you said big back and forth banter.......if there are children why would anyone want to subject them to more hurt than they are already going through and will go through........that seems a little vendictive to me......you wait your one year but you have be living separately menaing not same house.......then you file and in 90 days from then you are granted your final decree.......easier to leave the children out of the beginning........if children, custody and all that included then it gets messy and will & can last last potentially for years..........

                  Comment

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