
almostheaven
Carpal \'Tunnel

Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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I'm not sure fault is still out. I mean, there is STILL fault, just that the court may now consider them both to be at fault. However, they also may NOT consider her at fault since this occured well after the filing and living separate, and after he had already moved on with someone else. Yet, if she's in a no fault state, fault doesn't even have any bearing anyway.
-------------------- Char Fox
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jhan6120
journeyman
Reged: 01/31/07
Posts: 60
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Yeah yeah, your husband says this, your husband says that. Bottom line is he has absolutely no idea what a judge will say. He's just talking crap. Go ahead and file.
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Drew
old hand

Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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My x started a relationship all but immediately after she filed (almost 2 years ago) they were spending the night with each other etc. I met someone (14 months after) and we see each other regularly but no overnite or any pda especially around our children. She has 2 I have 3. In court my x denied any relations (I had video from my PD) and brought my "friend" to our final at my attorney's request. The x tried to alledge all sorts of impropriety on my part and denied her own and ended up looking like a fool.
Honesty is the ONLY policy in the court room.
If you can prove with documentation that he had these affairs while you were still "together" and that your new relationship started well after the event (filing/seperation) then I would hope/think the judge would consider this. Our judge did.
Speak openly and honestly to your atty. about this.
-------------------- "living, learning, from my creator. you gave me life now show me how to live" c. cornell
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