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Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
If the husband wants to keep this person out of the picture, he has the right to do so unless it is made an issue. But, if the wife is unaware, then it may be that he can get through it without having to face this obstacle.
However, IF it does come out that he's having an affair, the identity of the person would be discoverable information and the wife/her lawyer would be entitled to it.
he has been told that the wife's attorney is VERY aggressive and it will come out.
As for the company, it's not likely that the SEC or any investigations would be instituted unless there was questionable activity regarding him or this other person. However, it certainly may be that there are company policies that prohibit co-workers from being in a relationship, etc., and in that case, it could cause some issues internally - - but not legally.
The only reason there would be legal fallout is if either of them did something illegal, regardless of their relationship.
I would tend to agree that this would LIKELY come out, but it's not a certainty. That's probably why his attorney wants him to own up to in on the front end and avoid trying to explain why it wasn't disclosed.
if emails have not been exchanged in months and there is nothing in writing how could something be proven?
I should correct a prior statement that the relationship is no longer ongoing because of the complications but at this point does that matter?
The most direct way would be if he is asked under oath in court or in a deposition about whether he's had any extramarital relationship, and if asked that, he'd have to tell the truth.
If the question is if he HAS had an extramarital affair, that'd require one answer, but if the question is if he is IN an extramarital affair, that would require a different answer.
So, it depends on how he is asked - - if he is asked.
I understand. I am puzzled by the fact that both parties just want out of the deal as quickly as possible but her attorney could drag this out for 18 months to run up bills and further her reputation. Just doesn't seem right.
Anyway, you have been very helpful. Thank you for your responses.
It isn't right, and if his wife were to demand that they cut to the chase, the attorney would have to comply, BUT that's really an issue between the wife and her lawyer - - so the husband really can't get into that or argue that point as it's not his right to do so.
is it typical that this is a standard question during discovery or interrogatories? Is it standard for credit card bills, phone bills, etc be requested during discovery?
Yes, that's fairly standard.
ok, thanks for your help.
No problem. Please let me know if you need anything further.