What type of evidence do I need to prepare in order to win a fault divorce?

I am asking on behalf of my mother. My parents married in China and immigrated to the US 15 years ago. They have 2 children, my brother (11) and I (18). My father committed adultery 4 years ago and the affair continues today. He has given my mother STD and has caused her mental and physical health to suffer tremendously. She has gone through a minor heart surgery just last year. He also borrowed over $20,000 from my mom’s family and refuses to repay. My mother is a housewife. If they divorce, would he be liable to provide child/spousal support and compensation for emotional/physical distress?

Asked on July 19, 2012 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are very brave to write on behalf of your Mother.  But I would not get in the middle of their divorce, especially given the circumstances.  Evidence of an affair can be many different things but proving it can be very costly.  If your father is willing to go along with the divorce then it is easier to have them do a no fault divorce.  He would be obligated to pay child support for your brother but not for you since you are 18.  Spousal support is an option from what you have said but it is determined by the court after looking at different factors.  Please seek legal help.  Good luck. 

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