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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.
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?
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?
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?
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