Will photos of my wife in bed with another man have any bearing on my divorce?

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Will photos of my wife in bed with another man have any bearing on my divorce?

Will they help at all? I caught my wife in bed with another man while my children were in the house, will it make any difference to the judge?

Asked on September 1, 2010 under Family Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This will be a factor, yes. In divorces, the court will take equitities and fairness into account. Even in situations or aspects where it's not necessarily supposed to officially be considered (e.g. setting certain support obligations), judges are human and can't help but be influenced by the situational equitities. If you haven't already, you should retain a divorce/matrimonial attorney, who can help you began planning for and filing your divorce; you should share the situation and any photographs with the lawyer, who will best know how they can help you and also how to make sure they can be admitted as evidence. Do not discuss the matter with  your wife in the meantime, if you intend divorce; the more you talk about, the more you will give her the opportunity and incentive to take her own steps getting ready for a divorce and/or find some way to explain the sitaution away. Good luck.


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