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3891Re: [tips_and_tricks] RE: Divorce Questions

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  • Dave's EMail
    Nov 2, 2003
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      Since you left your husband (no matter how deserved) and since you committed adultry while still legally married to him (according to the Bible and according to the laws of almost all 50 States) you have all but eliminated your grounds for an uncontested divorce.  In most states (I do not know about NY) the best you can hope for is a negotiated divorce.  This means that you are at least somewhat under the control of your soon-to-be ex-husband.
       
      I don't want to make a moral assessment, but in the eyes of the law, you were better advised to have sex AFTER you obtained a divorce.  This is true pretty much regardless of whether or not he was guilty of adultery.  It would have been a solid legal case to allege adultry against him if you had not done the same.  In the eyes of the law, where it considers adultry, whether before or after separation does not matter.  The issue is were you still legally married when you had sex with another man.  Where the laws consider adultry, it considers adultry before or after separation as the same.  As long as you were legally married, it was adultry.
       
      Sorry I could not give you more encouragement.  As much as I hate to recommend a lawyer for anything, you might need a good divorce lawyer for this one.
       
      Yours in freedom,
       
      Dave Miner
       
       
       
      ----- Original Message -----
      Sent: Sunday, November 02, 2003 3:18 PM
      Subject: [tips_and_tricks] RE: Divorce Questions

      I am trying to get a divorce my ex will not give me a non contested
      divorce on the reason's i left him which were Adultery and
      Inhuman Treatment.... I beliece in New York State there is no
      such thing as  irreconsible differences as a reason for divorce....
      he says that , that is what a noncontested divorce is Can anyone
      please tell me if that is true, I am pregnant with another man's
      child and I do not want my child to have my ex;s last name and
      neither does the father...... if I wait the year to the day I left
      him the
      divorce will not be final when the baby is born. I left on May 22nd
      and the baby is due on June 6th, Thanks for any answers you
      can give me






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