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Relationship Discussion (non-explicit)
Reply to "He has an AP"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Would not evidence help me divorce ASAP? I can’t stand him. [/quote] What state?[/quote] If he’s having an affair, you can file for divorce immediately (at fault) in Virginia. [/quote] Technically, this is true. However, it will likely take 10-11 months to get on the docket. Better to work out an PSA and just do no-fault. If you want to hire an investigator, they will need photographic multiple evidence of things like public displays of affection and opportunity to have sex, i.e. going into a hotel room together. But this ONLY matters if you (1) want to file for a fault divorce and get it more quickly (see the caveat about the time to get on the docket, so "quickly" is relative); and 2) Avoiding alimony if you are the higher earning spouse and the marriage is a long one. It might affect asset division at the margins, but not a lot. It will have zero effect on custody. It's much harder to prove since adultery is a crime in Virginia. The burden of proof is necessarily higher. And be careful you don't commit a crime yourself in the meanwhile, i.e. snooping in electronic records, etc. Judges don't look very kindly on wiretapping and you could create criminal exposure for yourself. Signed, BTDT. p.s. I got the evidence I needed and left her high and dry on alimony. She had been scheming to pretend to work in the year proceeding the divorce to drive up child support as well, and she got nailed by the judge for that as well. That said, I take care of my kids -- I don't begrudge the child support at all. [/quote] Exactly...in theory you can file immediately but in reality it is not going to be immediate. [/quote]
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