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M
Contempt during separation prior to divorce court.
This will be my last post on this thread. My daughter spoke to her lawyer TWICE this week. HIS advice was to hire a private investigator because everyone knows this is occurring. HIS advice is to file this contempt after reviewing the evidence. HIS advice is that this will help in the case...- Mtnstyne2001
- Post #55
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
Once again. She is admittedly the paramour by the husband. It is not in question. She was first identified by the evidence presented when he was caught cheating. It was then included in the investigation by the Guardian Ad Litem where the paramour SAT DOWN AND DID AN INTERVIEW. So here's the...- Mtnstyne2001
- Post #48
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
Fortunately cohabitation isn't necessary but I see your point. It's very difficult to prove cohabitation without access to the home. I suppose I could camp outside and continue to take photos over time. What in your opinion would prove cohabitation without having access to their mail or paperwork?- Mtnstyne2001
- Post #46
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
I didn't say there was anything nefarious or unreasonable happening. What I said was that he is in violation of the order. You seem to keep missing the point. There is a court order. It says neither parent can do XYZ. One parent is following it, and the other is not. In the eyes of the law in SC...- Mtnstyne2001
- Post #45
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
That is what we are hoping but it's not going to stop him from trying. The 3 year old is also now enrolled in pre-K school so it would disrupt that if changed.- Mtnstyne2001
- Post #42
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
Pictures as in plural. Shows the paramour alone with one of the children entering a vehicle and departing together. Another shows all 4 departing a retail location together with one child in the hands of each adult and loading into the vehicle again. Shortly after that photos show all 4 again...- Mtnstyne2001
- Post #40
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
We hope so. The GAL actually interviewed the husbands girlfriend and now also has the pictures we provided our lawyer.- Mtnstyne2001
- Post #38
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
The current custody arrangement he has the kids for 4 days twice a month and has been in effect for 13 months.- Mtnstyne2001
- Post #36
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
That is correct. At the one year mark they began the process of divorcing which in SC is very archaic. They all had to meet with the Guardian Ad Litem which took a few months to schedule. Then they had to sit through mediation which took another couple months. Next month they have pretrial to...- Mtnstyne2001
- Post #35
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
Try and find a lawyer who is willing to file for no-fault in SC. We did without success because unless you have a video of them actually doing it they consider it a he said she said.- Mtnstyne2001
- Post #33
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
There is already a Guardian Ad Litem involved.- Mtnstyne2001
- Post #31
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
I want to thank everyone who has contributed to this thread so far. I am going to have my daughter read through it tonight when she returns from work and see the thoughts that were presented to ensure this is still how she wants to proceed. There are certainly risks doing nothing as well as...- Mtnstyne2001
- Post #26
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
In SC they had to live physically apart for one year before they could even file for divorce. Her option was to continue to remain married and tolerate his behavior or move out with nothing and try to survive. He is unwilling to settle on any aspect of the divorce because he doesn't want to get...- Mtnstyne2001
- Post #25
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
Gotcha. Her plan right now is to remain in our home until she has the means to support herself and her kids. It's not ideal but we have the room and can provide that for them. She is currently working and plans to continue to so and become independent again. There is no concern of neglect or...- Mtnstyne2001
- Post #24
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
What is the relevance of this question?- Mtnstyne2001
- Post #20
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
Does contempt of court have any impact in the final custody and support arrangements in NYS? Her lawyer is stating that is impactful to the extent his visitation could even be reduced at this contempt hearing.- Mtnstyne2001
- Post #19
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
He is asking for full custody. She is asking for full custody. The judge will have to decide what the custody will look like. This puts a negative mark on his character. Rights is probably the incorrect term in this situation but impact to who is main caretaker of the kids.- Mtnstyne2001
- Post #17
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
So what you are saying is that she should ignore the advice from her lawyer who says this will help in her custody battle just to make him happy in case he tries to make her miserable? Is that really something you would risk, giving up some of your parental rights to avoid conflict?- Mtnstyne2001
- Post #14
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
Again, thanks for responding, it is good to hear from someone who has gone through this. I have put a lot of thought into exactly what you are saying. I will try not to be long winded in my response. We have several high definition photographs and video over the span of a couple days when he...- Mtnstyne2001
- Post #12
- Forum: Divorce, Separation & Annulment
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M
Contempt during separation prior to divorce court.
Again to be clear, the asset division, custody, and child support are indeed the primary goal, there is no wavering from this position. It is the focus. The original question was if it was advisable to attempt to do this on our own or pay the lawyer another house payment. The paramour thing is...- Mtnstyne2001
- Post #9
- Forum: Divorce, Separation & Annulment
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