Sometimes, as hard as it seems, you have to divorce a cheating wife. Men are not the only ones who cheat when in relationships. Many men find themselves filing for divorce because their wives have cheated on them. Cheating is always difficult to deal with emotionally and becomes even more difficult in a marital relationship that involves property and in many cases, children. A divorce attorney deals with the legal aspects of dissolving the marriage while the husband comes to terms with the infidelity. It is not easy to go through a divorce when your wife is cheating on you and emotions run high, but with the help of an expert divorce attorney, you can navigate the system quickly, effectively, and get you moving on towards a happier chapter in your life.
Divorce a Cheating Wife and Move On
When it comes to divorce, cheating wife issues are far too often the cause. Many husbands file for divorce as soon as they find out that their wives have cheated on them, even if the situation occurred years ago. The pain of infidelity is felt no matter how many years ago it occurred. Men can be proud and being cheated on hurts their pride, possibly to a degree that renders the marriage unsavable. Making the decision to divorce a cheating wife is never easy to do, but it may be the best thing to do for your and your family’s emotional well-being.
What Happens When You Decide to Divorce a Cheating Wife?
When a husband files for divorce, a cheating wife named in the paperwork may not admit to her infidelity. She may even disagree with the dissolution of the marriage, resulting in a contested divorce. The husband may attempt to deal with this situation on his own or may turn to a local divorce attorney for contested divorce help. Legal representation is recommended because it usually reduces the stress and frustration of the divorce process. Having a divorce advocate on your side can also help deliver results faster so that you do not have to drag on the painful process any longer than is necessary.
It is not easy to prove infidelity in a divorce case. The husband must obtain proof that his wife cheated during the marriage and this may require searching email, Internet, and telephone records. An attorney will recommend the type of evidence admissible in court and the way it should be gathered. Husbands must be careful not to overstep the law when gathering this proof. And in most cases, a divorce attorney will recommend that the husband of a cheating wife put the infidelity in the past and recommend divorcing on no-fault grounds, as proving the infidelity of your spouse is no easy task and only helps decide issues like child custody and division of property in rare instances.
Do Prenuptial Agreements Affect Divorcing a Cheating Spouse?
If the couple had a prenuptial agreement, the husband should not be taken advantage of financially. Otherwise, the husband should gather bank statements, proof of income for both parties, mortgage documents, retirement account statements, individual tax returns, and other financial documents and present these to his divorce attorney. Equipped with all financial information, the attorney can fight for the best outcome for his male client. If the wife has gone outside of the marriage and spent money on gifts, vacation, or other things, the equitable distribution of the marital property may get slanted towards the husband for the amount of money the cheating wife spent on her infidelities.
When a husband files for divorce due to infidelity on the part of the wife, things can get ugly. Being prepared and having legal representation can prevent the process from taking too much of an emotional and financial toll on the male spouse. An experienced divorce attorney provides invaluable contested divorce help when a wife will not admit to her cheating ways. Getting the family law help and advice you need to divorce your cheating wife is available right here by speaking with one of the members of our team right away for a free consultation!
My wife is a bad. She cheated with the Regional Vice President of the company that we worked for and even with her own son and Lord knows who else.
I left and never looked back because I feared that I may turn in to a pillar of salt.
Can the attorney not subpoena bank account statements emails phone records or other data linked to communication and spending from the cheating spouse to gather evidence to help your case? I’m no law expert but I know in criminal cases you have a right to discovery correct?
Very good questions here. And you are pretty much right on the money as far as an answer not being a law expert, as you said (but you seem to understand it quite well – better than many lawyers, even).
Depending on the state (and most, if not all states would probably be almost the same/similar), subpoenas for things are done once a case has been filed so that there is a case number on the document and so that the local rules and statutes regarding subpoenas have an enforcement mechanism (ie. dragging the noncompliant person/company who received a subpoena into court). Experienced divorce lawyers know what to do.
There are 2-parts to your question here; discovery and subpoenas.
1. Discovery: In any case, like a divorce case here, the process of discovery (normally) first starts with the issuance of Interrogatories and Document Production Requests. Interrogatories are questions, normally pretty standard questions (as in every lawyer uses almost the same questions for each specific type of case), that request the other person to answer them fully and completely and then sign a sworn affidavit attesting to the truth and completeness of each answer. Production Requests are a set of questions (again, standard depending on the type of case) that ask a person to turn over specific documents within a set time period – usually 28-days. an example would be asking your spouse to turn over ALL bank records with his/her name on them for the past 3-years. Also, all paystubs, all bills, all investment statements, etc.
2. Subpoenas: These can take place before or after discovery even. A subpoena is sent out to person or company, normally with a check for some amount of money (some states require an initial $30, etc.). The company receiving the subpoena has to send you the documents requested or object to the request and provide a valid reason for doing so. This can be done if someone isn’t complying with discovery requests or if someone is possibly hiding something and not turning over all of their documents.
One of the big issues here you mention is regarding emails and phone records. The vast majority of phone or email hosting companies will NOT send out information like phone records, emails, text messages (they never save these), or other info. If the cell company has a detailed bill that lists all numbers called (some still do), you may be able to get some info that way. But beyond that, there isn’t much that can be done. Many of the ‘tracking’ and ‘spy’ apps that can be put on someone’s phone are either borderline illegal or simply not allowed to be used for evidence in civil court.
A lot can be discovered through subpoenas and discovery, but always keep this in mind: most states do NOT require a reason for divorce – most states now ONLY have ‘no-fault’ divorce (irreconcilable differences) and have eliminated the extremely costly process of proving infidelity or other fault-based reasons for divorce. And even if infidelity is proven, in most states, it does not have a bearing on almost anything for the divorce (except maybe peace of mind by the cheated spouse that they made the right decision). An exception to this would be “dissipation”, but that is a whole topic all to itself (and takes place in about 1 out of 1,000 divorces – if not even less often than that).
Great comment and question, hope this additional info helps you and others!
Love my wife with all my heart I don’t know what to do she’s just gone from the marriage so I that I don’t know what to do and low dearly but she does she’s missing she she has slept next to me is year because yes to see next to her daughter she doesn’t have sex isn’t my kissing as in they calling hands which I like so I don’t know to do
I have known husbands who loved their wives but they didn’t have any interest in sex so the husband cheated ! Wrong yes! but they would have stayed loyal to the wife. When a wife cheats she has already divorced her husband in her mind! Its over!
Amen Brothers happen to me I know what you’re feeling like
No one deserves to be cheated on, especially when your fully loyalty lies with the betrayer of your trust. initially, I thought I was just feeling insecure when my husband would just be on his phone at odd hours, until I decided to take my chances to know, knowing is much better than self doubts and its exactly what happened when I requested for the service of one of the best hacker ; nullantrax2017 AT outlook DOT com to help me check her phone. Now i know when he tells the truth because I receive all his calls, outgoing and incoming, see his whatsapp messages, facebooks, emails. I think its the best way to justify his loyalty and I found out that instead of guessing, right now I have access to his phone remotely anything that goes in and out of his phone is exactly what goes in and out of my phone. I see everything,i hear everything
My husband of seven years broke up with me, I did everything possible to bring him back but all was in vain, I wanted him back so much because of the love I have for him, I begged him with everything, I made promises but he refused. I explained my problem to someone online and she suggested that I should rather contact a spell caster that could help me cast a spell to bring him back but I am the type that never believed in spell, I had no choice than to try it, I mailed the spell caster, and he told me there was no problem that everything will be okay before three days, that my ex will return to me before three days, he cast the spell and surprisingly in the second day, it was around 4pm. My ex called me, I was so surprised, I answered the call and all he said was that he was so sorry for everything that happened, that he wanted me to return to him, that he loves me so much. I was so happy and went to him, that was how we started living together happily again. Since then, anybody who have a relationship problem should contact this email:dr.mac@yahoo. com
State: Ontario
Country: Canada
Is this for real how much did you pay and weren’t you scared not knowing who this guy was? If this true that amazing. I’m glad that it worked out!