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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My wife told me she was in love with another woman. Her 19

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My wife told me she was in love with another woman. Her 19 year old second cousin. We are both 37 years old w/ two children. I recorded audio of her admitting she had lesbian feelings her whole life and also inviting the girl into our
bed after I left for work at 4:00 am. I want what's right for my children, but she continues to push the issue with this girl. Am i allowed to use the audio recordings, and will this affect alimony? WV Resident.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Are you trying to use her lesbian tendecies as evidence that she is unfit?
Customer: replied 7 years ago.
No, just to file under adultery/homosexuality for shear principle, because how its affected me, and to see if it affects paying alimony or selling of our house. I just want my kids to be OK.
Expert:  Dimitry K., Esq. replied 7 years ago.
The marital misconduct of the spouses will be considered and compared in awarding alimony or spousal support. West Virginia alimony or spousal support will not be awarded to any spouse who: (1) was adulterous; (2) has been convicted of a felony during the marriage; or (3) deserted or abandoned his or her spouse for 6 months. If you claim adultery, you can try to avoid alimony.

West Virginia is also a one party consent state as it pertains to recordings. That means that if one party was aware that he or she was being recorded (you, for example), then that is valid and can be used in court. Just be aware that wishes to be in a relationship with an another is not indicative of adultery but merely desire.


Dimitry Alexander Kaplun, Esq.
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