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JPEsq.
JPEsq., Lawyer
Category: Family Law
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Experience:  Published articles on family law, featured in several publications for successful trial work.
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"For JPEsq" I have a divorce case pending in India. It is

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"For JPEsq" I have a divorce case pending in India. It is based on the grounds of adultery. I did a private DNA report and produced that as a evidence in India. My wife said the DNA report was obtained negatively with influence. So, I filed a complaint in New Jersey court for paternity test and waiver of separate maintenance. The court ordered paternity test and immediately after the paternity test is ordered, my wife sent a letter saying that I am not the biological father of child but the child was born through IVF from an anonymous sperm donor with my consent. In the opposition to the motion for DNA test she never mentioned about IVF and only after the court ordered DNA test she came up with the IVF story which is not true. I am planning to convert my existing complaint for Waiver of separate maintenance, determination of child support case to Divorce case after withdrawing the divorce case in India and I confirmed that I can withdraw the divorce petition from India and I do not need my wife's consent. New Jersey court ordered paternity test based on the facts and documentation proof I have given and the DNA test once result proved that the I am not the biological father of the child. The act of adultery happened in August 2003 but I came to know only in July 2010 from an article about maximum length of pregnancy and subsequent DNA test I did. I need to get divorce under the grounds of adultery so that it will be valid in India. Will I able to get divorce under the grounds of Adultery from the New Jersey court?
Submitted: 2 years ago.
Category: Family Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

I am still waiting for an answer

Expert:  Fran-mod replied 2 years ago.
Hi, I sent your requested Expert a message to follow up with you here, when they are back online. If I can help further, please let me know. Thank you for your continued patience.
Customer: replied 2 years ago.

Ok, I will wait. Please keep me posted.

Expert:  JPEsq. replied 2 years ago.

Thank you for allowing me to assist you.

You should be able to get a fault based divorce on the grounds of adultery, based on what you have told me. But there is no guarantee that the judge will believe your version of events over your wife's... and that is what this case hinges upon.

Your wife should be forced to produce some sort of signed consent by you for the alleged sperm donor. You should be able to crack her story by just asking the right questions, such as what sperm bank she went to, what the procedures were, etc. You may want to ask these questions in a pre-trial deposition, and then go the that facility and possibly subpoena a witness from there to help contradict her version of events.

Customer: replied 2 years ago.

Ok, thanks. I would like to give some details so it will be useful when you provide your answer.


 


I filed the motion for DNA test on April 6th 2012. She replied to her motion in May 4th 2012 that I knew that I may not be the biological father of the child but I kept quiet and acted like father. She mentioned in one of her India petition that I accused her of adultery since from the birth of the child. She never mentioned about IVF procedure in the cross motion. The Judge on seeing her contradictory statements looks like lost the credibility on her and ordered paternity test on May 25th 2012.


 


My wife's attorney wrote a letter on June 11th 2012 that my wife admits that I am not the biological father and the child was born through IVF with my consent. She mentioned that I sent her to India in June 2003 for the purpose of this and admitted that I was not there when IVF procedure was done. She mentioned that I went to India once pregnancy is confirmed and we both came together on November 2nd 2003. She also mentioned that the IVF was done by my wife's father’s friend while she was in India. She also mentioned that they just found IVF related documents and will use them to get child support for the child.


My wife mentioned the same in the India petition she filed on June 22nd 2012 but mentioned that I destroyed the IVF document and did not produce it as an exhibit. She mentioned that I am impotent and that is why I forced her to have a baby through IVF. She herself admitted that there was a child conceived before from me with use of Viagara in 2001 and I forced her to abort it. The IVF story is completely false and even if they produce a document, my signature will be forged. Please note that my wife came up with this story only after the Judge ordered paternity test.


 


Please let me know your opinion about what is most likely going to happen based on the facts above? Will I able to get divorce under the ground of adultery?

Expert:  JPEsq. replied 2 years ago.
Again, I cannot tell you what a particular judge will find. But, as you point out, there are some inconsistencies in her story, and it is all convenient for her- papers destroyed etc. So it really comes down to who is believed and I have no way of knowing who this judge will believe.
Customer: replied 1 year ago.

Sorry for the delay. My wife made contradicting statements between the petitions she filed in Indian court and US court. We mentioned the contradictions in out petition to the court. One of them is below.


 


I filed the motion for DNA test on April 6th 2012. She replied to the motion on May 4th 2012 that I knew that I may not be the biological father of the child but I kept quiet and acted like father and never questioned paternity until the divorce petition is filed. She mentioned in one of her India petition that I accused her of adultery since from the birth of the child.


 


My attorney said because of my wife's contradicting statements, the Judge lost credibility on her and ordered DNA test. It looks like the Judge is of the impression that my wife is not credible.


 


Considering the above facts, please let me know what is your opinion whether the Judge is going to believe her or me?

Expert:  JPEsq. replied 1 year ago.
Again, I cannot tell you what another person is thinking... but based on what your attorney has stated to you, she is not credible. So unless you have done something to damage your credibility, the judge should be more inclined to believe you over her.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5104
Experience: Published articles on family law, featured in several publications for successful trial work.
JPEsq. and 11 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

If the Judge believes me and based on the proof I have, do you think I will be get fault based divorce in New Jersey?

Expert:  JPEsq. replied 1 year ago.
I don't see why you couldn't. The obvious inference then is that she was impregnated by another person.

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