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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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If a spouse whats a divorce because of mental abuse and has

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if a spouse whats a divorce because of mental abuse and has proof of irreconcilable differences can the other spouse present pictures or proof that the other that she is seeing another man and use it in court to gain advantage in court for alimony or assets..?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
If one spouse is seeking a divorce on the grounds of mental abuse, the other spouse can present any and all evidence that the spouse was not mentally abused and ask for divorce to be entered on the no-fault grounds instead. To get a divorce on the grounds of adultery, the non-cheating spouse would have needed to make that request in the Answer to the Complaint. And if the relationship was started after the marriage broke up, then it really isn't relevant that the spouse is seeing someone else.
Adultery typically isn't relevant to an alimony question unless there is evidence that the spouse is living with the new partner or has spent significant marital funds on that relationship. I'm not talking about buying dinner for the new partner - I mean things like taking your new partner on a trip to Europe, buying expensive jewelry, and things like that. The same is true with the property division.
Honestly, what you've described is more relevant as evidence of his on-going abuse of your friend than whether she should get alimony or a portion of marital assets.
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