DCSportbikes.net  
» Help Support .NET!
DCSportbikes Premier Membership for 25$ per year. Discounts! Click here for full information.

Now available in the .NET Shop:



Get your DCSBN Gear!
» Shoutbox
Sorry, only registered users have the ability to use our real-time shoutbox to chat with other members.

Register now, it's free!
» Online Users: 564
0 members and 564 guests
No Members online
Most users ever online was 4,519, September 2, 2015 at 03:26 AM.
Go Back   DCSportbikes.net > Non-Sportbike Forums > Non-Sportbike Chat

Reply
LinkBack Thread Tools
Divorce Help - Lawyer help needed
Unread
  (#1)
B
It goes to 11.
 
B's Avatar
 
Posts: 16,806
Join Date: November 8, 2004
Location: Moet Chandon on a Schlitz budget
Divorce Help - Lawyer help needed - June 23, 2009, 01:47 PM

Firstly let me clarify that I need professional or educated opinions or data here. I'll try to give as much information as I can so people with experience can speak to the issues as clearly as possible. I am not interested in internet arguments or anything else.

- A close friends wife and he were having marital problems around Christmas.
- He stayed with me from Dec 25th through the new year.
- During that time she brought a man back to the house and had sex there.
- He found out because there was the Plan B birth pill box in the trash and they'd been trying to conceive.
- They immediately separated. Agreed to take the apartment one month in one month out until they decided on things.
- She took many things out of the house, including the LCD TV etc....
- He has tried to engage her, in order to get their finances separated and get a no fault agreement set up, she has rebuffed this.
- She is now attempting to hold him responsible for 50% of her sizable credit card debt, much racked up over the last few months, and her 45K school bills from a culinary school she completed. She is working as an office admin.
- She is now living with a guy in DC... we assume the same one she cheated with, and assume that she was cheating before he found out.

What I need:
- Opinions on how filing for adultery - I know you need a LOT of evidence...
- Is a private investigator even worth it?
- How can he NOT pay all of her bills?
- How can he get out of this with the least amount of cost involved?


SV650s for SALE!!!
- 2007 SV650 Racebike-Superbike KWS/Thermosman suspension/Swenz bodywork/All GSXR Parts
- 2009 SV650 Streetbike Race blue with white stripe/No wrecks/fully faired with M4 full system

Shoot me a PM or talk to Nate (Nudist) if you're interested in purchase.
  Send a message via AIM to Send a message via AIM to B  
Reply With Quote
Unread
  (#2)
Duct tape is for champs!
 
B-mac's Avatar
 
Posts: 506
Join Date: August 16, 2005
Location: The Ton, VA
June 23, 2009, 01:51 PM

I am not a lawyer by any means but I have had several friends go through marital "issues". Question number one is... is there a seperation agreement in place and in writing? If not, they are legally married and she has now abandoned the marriage, he pays nothing, etc.


Throttle or brakes, there are no other options
  Send a message via AIM to  
Reply With Quote
Unread
  (#3)
Mojito Anyone?
 
onel0wcubn's Avatar
 
Posts: 10,210
Join Date: April 28, 2008
Location: La Habana
June 23, 2009, 01:51 PM

Accidental Death????

Honestly, I don't know. But I hope the best for your friend. Bitchy Women suck asshole.


ay ya yay
  Send a message via AIM to Send a message via Yahoo to onel0wcubn Send a message via AIM to onel0wcubn  
Reply With Quote
Unread
  (#4)
T.R.I.T.D.H
 
TalkofDC's Avatar
 
Posts: 6,151
Join Date: June 9, 2008
Location: Whoodbridge?
June 23, 2009, 01:54 PM

No divorce is cheap.

Would it be possible to clarify if she had already conceived with her husband? And wanted to abort it b/c she knew there were problems or b/c she was impregnated by the man she was sleeping around with?


What do you value more? Life or Image?

"I don't ride, I usually just sit around wearing a tshirt and my icon back protector and talk shit about anyone who does not have a liter bike. That's how you can pick me out of a crowd. I also wear a red tophat."
  Send a message via AIM to  
Reply With Quote
Unread
  (#5)
B
It goes to 11.
 
B's Avatar
 
Posts: 16,806
Join Date: November 8, 2004
Location: Moet Chandon on a Schlitz budget
June 23, 2009, 01:57 PM

Quote:
Originally Posted by B-mac View Post
I am not a lawyer by any means but I have had several friends go through marital "issues". Question number one is... is there a seperation agreement in place and in writing? If not, they are legally married and she has now abandoned the marriage, he pays nothing, etc.
It was my belief that if she is now living with someone else that she has abandoned the marriage, is currently committing adultery, and he is no longer responsible for her.

How viable is filing for adultery/abandonment etc?


SV650s for SALE!!!
- 2007 SV650 Racebike-Superbike KWS/Thermosman suspension/Swenz bodywork/All GSXR Parts
- 2009 SV650 Streetbike Race blue with white stripe/No wrecks/fully faired with M4 full system

Shoot me a PM or talk to Nate (Nudist) if you're interested in purchase.
  Send a message via AIM to Send a message via AIM to B  
Reply With Quote
Unread
  (#6)
B
It goes to 11.
 
B's Avatar
 
Posts: 16,806
Join Date: November 8, 2004
Location: Moet Chandon on a Schlitz budget
June 23, 2009, 01:58 PM

Quote:
Originally Posted by TalkofDC View Post
No divorce is cheap.

Would it be possible to clarify if she had already conceived with her husband? And wanted to abort it b/c she knew there were problems or b/c she was impregnated by the man she was sleeping around with?
She brought the other gentleman over around the 27th, a coworker from an office party we believe.

She wanted a child... that was the crux of much of the strain in the marriage. Ironically it's her vagina that's broken.


SV650s for SALE!!!
- 2007 SV650 Racebike-Superbike KWS/Thermosman suspension/Swenz bodywork/All GSXR Parts
- 2009 SV650 Streetbike Race blue with white stripe/No wrecks/fully faired with M4 full system

Shoot me a PM or talk to Nate (Nudist) if you're interested in purchase.
  Send a message via AIM to Send a message via AIM to B  
Reply With Quote
Unread
  (#7)
Duct tape is for champs!
 
B-mac's Avatar
 
Posts: 506
Join Date: August 16, 2005
Location: The Ton, VA
June 23, 2009, 02:03 PM

Quote:
Originally Posted by gixrB View Post
It was my belief that if she is now living with someone else that she has abandoned the marriage, is currently committing adultery, and he is no longer responsible for her.

How viable is filing for adultery/abandonment etc?
I would think it's very simple and almost "cut and dry" considering there is no legal seperation signed by both of them and she is living with another man. Has her mail been re-routed to the new address? Not sure how to about it but from my knowledge, he has a good case for abandonment and should act on it before she gets smart to it


Throttle or brakes, there are no other options
  Send a message via AIM to  
Reply With Quote
Unread
  (#8)
#47 GODSPEED BAMBAM
 
dodge131's Avatar
 
Posts: 12,567
Join Date: May 31, 2006
Location: NOVA
June 23, 2009, 02:08 PM

He needs to file for separation ASAP!!!!!!! As long as the debt was incurred during the marriage he is fooked! BTDT As for the belongings he needs to take pictures of everything and write down everything they bought. The grounds for the divorce is adultery yet that does nothing for the finances. I would bet she has credit cards or loans the he know nothing about. Hell they could even be in his name. Trust me this can happen. What state and county did they get hitched in? I can give my lawyer a call.


www.RnRcycles.com


Home of RNR Repsol Racing.

Missing all my fallen friends and family! If Life Was Easy Then Everyone Would Do It!
  Send a message via AIM to  
Reply With Quote
Unread
  (#9)
Nothing here
 
Madali's Avatar
 
Posts: 2,108
Join Date: February 20, 2003
Location: Potomac Station Leesburg
June 23, 2009, 02:09 PM

Research the courts thoroughly in reference to PI's and adultery. A friend of mine went through this and had pictures of her husband WITH the other woman at her house. They were not admissable. Not sure why. Even the PI told her it would only be for confirmation to her and not the court.

The fact that she is living with another man without legal separation is probably your friends best leverage point. Focus there.
  Send a message via AIM to  
Reply With Quote
Unread
  (#10)
B
It goes to 11.
 
B's Avatar
 
Posts: 16,806
Join Date: November 8, 2004
Location: Moet Chandon on a Schlitz budget
June 23, 2009, 02:16 PM

Quote:
Originally Posted by Madali View Post
The fact that she is living with another man without legal separation is probably your friends best leverage point. Focus there.
This is exactly what I'm thinking... though, say it's a two bedroom, she could simply be renting a room....


SV650s for SALE!!!
- 2007 SV650 Racebike-Superbike KWS/Thermosman suspension/Swenz bodywork/All GSXR Parts
- 2009 SV650 Streetbike Race blue with white stripe/No wrecks/fully faired with M4 full system

Shoot me a PM or talk to Nate (Nudist) if you're interested in purchase.
  Send a message via AIM to Send a message via AIM to B  
Reply With Quote
Unread
  (#11)
Olde Pfart (tm)
 
Darth Piper's Avatar
 
Posts: 453
Join Date: June 26, 2008
Location: Sterling, VA
June 23, 2009, 02:22 PM

Call Karen Davis in Alexandria. She is a divorce attorney. I've known her for many years through friends at the Maryland Renaissance Festival. You can tell her that the Master Joyner's Apprentice sent you. She'll know who I am.


"They who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." -- B. Franklin

Every politician should serve two terms... one in office followed immediately by an equal or longer-length one in jail... except in New Jersey where jail time is a pre-requisite to holding office.

Donkeys and Elephants belong in a zoo, not Congress.

#include <wit.h>
  Send a message via AIM to Send a message via AIM to Darth Piper  
Reply With Quote
Unread
  (#12)
Contributor
 
Lucky's Avatar
 
Posts: 2,079
Join Date: October 23, 2007
Location: McLean
June 23, 2009, 02:34 PM

Anything he is jointly attached to he can be held accountable for. He needs to call a lawyer asap and they will hear him out before taking the case or making him pay. Acting now rather then later is going to help him. The longer he waits the more time she will be covering her tracks.


2006 Yamaha R6
2008 Zuma YW50


Semper Fi
MARRC Cornerworker
NESBA #707
CCS AM #991
www.marrc.org
www.cornerspeed.net
www.rnrcycles.com VA
www.trianglecycles.com NC/VA


Flickr http://www.flickr.com/photos/27068503@N05/
  Send a message via AIM to Send a message via AIM to Lucky  
Reply With Quote
Unread
  (#13)
TPG - screw face
 
Oneway's Avatar
 
Posts: 6,720
Join Date: June 17, 2008
Location: Manassas
June 23, 2009, 02:47 PM

IMO - where she lives now is of no concern unless there is proof she is cohabitating on a one-on-one basis with another man. IE - if her name is on another mortgage...sharing/combining finances etc etc...her simply living with someone else on a lease or "borrowing a room" is in no violation. There is a married guy living in the basement in the house where I rent...he's not violating his marriage. Now if the other dude steps up and says "yea, we are living together as a couple" then it's a wrap for her.

exerpt from here http://www.divorcelawinfo.com/VA/divorce/divexpln.htm

Adultery

Adultery is sexual intercourse between a married person and someone other than the spouse. In Virginia, sodomy is a ground for divorce, as well as buggery (anal intercourse). A divorce will not be granted if it occurred more than five years before the institution of the suit, or if it was committed by the connivance of the party alleging the act.

back to top


--------------------------------------------------------------------------------

How to Prove Adultery

There probably is no such thing as a pleasant adultery case; because names, dates, places, paramours, and the like have to be brought out in the open. If your spouse no longer cares about what you know and is open about the affair, you're lucky. You can then catch your spouse flagrante delicto, which means you have your spouse in the flagrant wrong and may not have to worry about hiring detectives. However, you may still need a detective to prove your case in court. There is still a need for a corroborative witness, such as a mutual friend or neighbor, who has no stake in the matter except telling the court what he (she) witnessed. Most adultery cases are proven by circumstantial evidence, which means that you have to establish that your spouse had the disposition and opportunity to commit adultery. To establish adultery, there must be clear, positive, and convincing evidence.

Public displays of affection, such as hand-holding, kissing, and hugging, between the guilty spouse and the paramour are generally sufficient evidence to indicate an adulterous disposition. Opportunity may be proven by showing that your spouse was seen entering the paramour's apartment at 11 P.M. and not coming out until 8 A.M. the following morning and that they were alone. If you can only prove disposition but not opportunity, the courts may not allow your divorce because the court may reason that it is just mere speculation. The same is true if you only show that there was opportunity, but cannot prove disposition. When you think about it, this seems to make sense. Evidence must be more than strongly suspicious. Post-separation adultery may also be the basis for the deserting party to obtain a divorce based upon adultery.
  Send a message via AIM to  
Reply With Quote
Unread
  (#14)
klk
Licensed Rider
 
klk's Avatar
 
Posts: 129
Join Date: October 5, 2006
Location: Clear Brook, Va
June 23, 2009, 02:52 PM

Are the cards in both of their names or only hers? I had a friend prove that the charges on her husbands cards were not hers and she was not held liable. He will have to get a hold of the credit card company and get the statements. Unfortunately any bills before they left he can be held liable for ex. schooling.

Adultery is extremely hard to prove. I spent alot on an investigator just in case; ended up not needing it. Sometimes it is worth it to have just in case you need it. It can work against him if he ends up dating. Until you are legally divorced/separated it is still adultery even if you don't live together. Atleast that is what my lawyer told me. I have the name of a good attorney but he is in Frederick county VA and extremely expensive.
  Send a message via AIM to Send a message via Yahoo to klk Send a message via MSN to klk  
Reply With Quote
Unread
  (#15)
Still here
 
vstargidget's Avatar
 
Posts: 4,838
Join Date: June 9, 2006
Location: Bristow
June 23, 2009, 04:23 PM

What county is your friend in? I know a good divorce atty in Prince William County.

Adultery is very difficult to prove, even if you have pictures. Crazy, I know. BTW hopefully your friend never slept with her again after he found out about the other guy. If he did...he's screwed. That's considered condoning it.


02 1100 VStar

I've got a bike and I ride it year round. Nuff said

.Net - Those that care, post.
Those that don't care, seem to post too.
  Send a message via AIM to Send a message via Yahoo to vstargidget Send a message via AIM to vstargidget  
Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Powered by vBadvanced CMPS v3.2.3


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO 3.6.0
vBulletin Skin developed by: vBStyles.com
All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest 2002-2010 by DCSportbikes.net. DCSportbikes.net is owned by End of Time Studios, LLC.