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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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we have filed for divorce, incompatibility. Now he has decided

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we have filed for divorce, incompatibility. Now he has decided I have been unfaithful and says he has a friend that will testify (I do wonder what in the world this friend has told him). Plus has names of several men that he insists I have been unfaithful with. I have not been unfaithful. He says he is going to contest the divorce and file with grounds of infidelity. I am getting numerous terrible texts & phone calls (I blocked his phone # XXXXX it has only made him worse) I just want this over. I don't want to hire an attorney.    Can he pursue the infidelity without any proof? Are witnesses really called in? I didn't think Oklahoma law was b4 a court only a judget. What can I expect?

My wedding ring was damaged mysteriously. The insurance company reimbursed me. He is demanding half the check. We were married 1.03.09
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.

Dear JACUSTOMER - If you have not been unfaithful I doubt he is going to get his witnesses to commit a felony (perjury) to tell false stories to the court. Divorce hearing are before a judge so when he says "court" it's the same thing. It sounds like he must want a divorce if he wants to file against you for infidelity so it really is just nonsense and not an issue.

 

To answer your question, yes, witnesses can be called in to court to testify as to any issue in dispute. You would have the opportunity to file for discovery prior to any hearing and find out who the witnesses are and what it is they are going to say in court. seriously doubt that any other guy is going to come to court and say they had an affair with you if it isn't true.

 

Something tells me that your husband has not consulted with an attorney about this scheme and if he does he will be told that it won't fly. If the only issue is the grounds for the divorce then it doesn't matter what those grounds are so long as you get divorced. This isn't a criminal trial where someone has to be found guilty of something so I would just proceed with your case and let him rant about it.

 

I'm not certain what your wedding ring has to do with any of this so I didn't address that issue.

 

Dave Kennett

Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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