Can my soon to be ex-wife use pictures of me and my current girlfriend against me in court?

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Can my soon to be ex-wife use pictures of me and my current girlfriend against me in court?

My wife and I are getting a divorce. We have a child together. I recently met someone else and my soon to be ex-wife got a hold of some pictures of me and my current girlfriend. Can she use them and what are the possible ramifications if she does? I am the one filing for divorce.

Asked on May 30, 2011 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

The question I think that you are really asking is if this is considered adultery will it effect the issues in my marriage, correct?  The answer is generally no, adultery does not in and of itself have an effect on equiatble distribution - dividing the assets of the marriage.   The court does not care why your marriage failed or what is going on between you once you filed unless it effects your assets in some way (like you bought your girlfriend a 10 carat ring with your joint savings) or if it has an adverse effect on your child. The fact that this all happened post filing for divorce is a plus in these circumstances.  I would consult with your lawyer here as well.  Good luck.


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