Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question.
Please permit me to assist you with you concerns. To answer directly, the spouse (the wife), while she can make allegations, must do so based on some form of evidence. She can possibly subpoena them IF the judge agrees that there is sufficient evidence to do so. but simply requesting that they testify purely on her say-so is not enough, a judge would need to evaluate her subpoena request and potentially deny it if he deems it to be frivolous in nature. The current attorneys for the husband happen to be correct--even if she cheated, it would not affect her right to obtain child support although it may adversely the size of the alimony that would be granted by the courts. If the husband does file for divorce on basis of adultery, it will open up a can of worms. Perhaps it would be cheaper to pursue a no-fault divorce, even if untrue, as that would end up being cheaper both in court costs and in legal fees, and it would also likely grant a divorce faster.
Hope that helps.
Thanks so much Dimitry. Child support has already been agreed upon. The problem is, she will not sign off on the PSA. They have been seperated since Jan. Husband is ready to move on with his life, and until that gets signed he can do nothing. Should he warn wife of the hard evidence he has against her - to get her moving? Or does he keep playing her little waiting game?
Thank you for your follow-up. Glad to help, truly.
Please allow me to provide you with the most practical approach Informing the wife of 'hard' evidence may possibly compel her to move first and 'attack' as part of her defense strategy. If the spouse wants a faster outcome and cheaper costs, waiting makes more sense. Filings based on fault are always more expensive and take longer, which is what he seems to want to avoid. At times there is no need to push the proverbial red button and instead hold off so that the issue can resolve itself faster and cheaper. That evidence can always come out, and using that as potential means of compelling action in my experience tends to create the opposite effect in highly emotionally charged events.