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had sex with stbx

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outsideringa

Junior Member
What is the name of your state? GA

I have been going through the ugliest divorce since Feb, and my soon to be ex even paid 10,000 to have me followed for 4 days. (in Jan) I was caught being in a bar with another man (we were separated since November 04) and kissing him. We had more depositions of people who had been subpoened this past Fri and then that evening ended up having sex....twice. I thought he wanted to get back together and now he won't even talk to me. He wanted me to promise not to tell my lawyer, but I did. What will happen now? Do judges usually grant dismissal based on this kind of thing>? Oh, he also wants sole custody of our 2 yr old.
So Confused.
 


LdiJ

Senior Member
outsideringa said:
What is the name of your state? GA

I have been going through the ugliest divorce since Feb, and my soon to be ex even paid 10,000 to have me followed for 4 days. (in Jan) I was caught being in a bar with another man (we were separated since November 04) and kissing him. We had more depositions of people who had been subpoened this past Fri and then that evening ended up having sex....twice. I thought he wanted to get back together and now he won't even talk to me. He wanted me to promise not to tell my lawyer, but I did. What will happen now? Do judges usually grant dismissal based on this kind of thing>? Oh, he also wants sole custody of our 2 yr old.
So Confused.

The fact that you were dating in January is probably irrelevant since the two of you were separated at the time.

The fact that the two of you had sex is probably also irrelevant.

Unless he can prove you legally unfit (for which the above two items are also irrelevant) he can't get sole custody.
 

I AM ALWAYS LIABLE

Senior Member
outsideringa said:
What is the name of your state? GA

I have been going through the ugliest divorce since Feb, and my soon to be ex even paid 10,000 to have me followed for 4 days. (in Jan) I was caught being in a bar with another man (we were separated since November 04) and kissing him. We had more depositions of people who had been subpoened this past Fri and then that evening ended up having sex....twice. I thought he wanted to get back together and now he won't even talk to me. He wanted me to promise not to tell my lawyer, but I did. What will happen now? Do judges usually grant dismissal based on this kind of thing>? Oh, he also wants sole custody of our 2 yr old.
So Confused.


My response:

Let's see . . . hmmmmmm . . .

You're from Georgia . . .

Your husband paid 10,000 to have you followed . . .

You and your husband ended up having sex....twice . . .

Now he won't even talk to you . . .

What will happen now, you ask?


Well, if the judge doesn't do it, I'll be glad to stamp, in big red letters, "Trailer Trash" on your paperwork!

IAAL
 
I AM ALWAYS LIABLE said:
My response:

Let's see . . . hmmmmmm . . .

You're from Georgia . . .

Your husband paid 10,000 to have you followed . . .

You and your husband ended up having sex....twice . . .

Now he won't even talk to you . . .

What will happen now, you ask?


Well, if the judge doesn't do it, I'll be glad to stamp, in big red letters, "Trailer Trash" on your paperwork!

IAAL

I was waiting for you....I'm glad you responded, I wouldn't have been as nice...
 

outsideringa

Junior Member
I have to say that I am very surprised at the reply about "trailer trash", I think maybe I didn't do a great job of explaining the situation. I could possibly view it as a "soap opera", but I think "trailer trash" is a little harsh.
Additionally, I was in need of advice, not an opinion....
Thanks.
 

Zephyr

Senior Member
Do judges usually grant dismissal based on this kind of thing>?


who is requesting dismissal? a judge won't dismiss divorce proceeding if no one asks him to.
 
S

seniorjudge

Guest
outsideringa said:
I have to say that I am very surprised at the reply about "trailer trash", I think maybe I didn't do a great job of explaining the situation. I could possibly view it as a "soap opera", but I think "trailer trash" is a little harsh.
Additionally, I was in need of advice, not an opinion....
Thanks.
Please explain what is going on so we can give you some advice.
 

casa

Senior Member
outsideringa said:
What is the name of your state? GA

I have been going through the ugliest divorce since Feb, and my soon to be ex even paid 10,000 to have me followed for 4 days. (in Jan) I was caught being in a bar with another man (we were separated since November 04) and kissing him. We had more depositions of people who had been subpoened this past Fri and then that evening ended up having sex....twice. I thought he wanted to get back together and now he won't even talk to me. He wanted me to promise not to tell my lawyer, but I did. What will happen now? Do judges usually grant dismissal based on this kind of thing>? Oh, he also wants sole custody of our 2 yr old.
So Confused.

I'm *thinking* he may have slept with you, so he could say you were not really separated- then try to introduce the 'evidence' of you kissing X guy in Jan.

Either way~ it won't fly. You were separated, so it doesn't matter who you kissed. Unless you were performing sex acts in view of your children, or you drove home that night intoxicated or were using drugs- he'll look stupid for even bringing it up. :rolleyes:

The fact that you had sex with him doesn't change anything in court...Many separating/divorcing couples have sex or periods of intimacy while figuring out whether to divorce or get back together.

Unless he can prove you are unfit, he won't get sole custody. Joint is more likely.

Continue with your case the way it is. And, I assume it goes without saying that you should not sleep with your X any longer.
 

Veronica1228

Senior Member
outsideringa said:
What is the name of your state? GA

I have been going through the ugliest divorce since Feb, and my soon to be ex even paid 10,000 to have me followed for 4 days. (in Jan) I was caught being in a bar with another man (we were separated since November 04) and kissing him. We had more depositions of people who had been subpoened this past Fri and then that evening ended up having sex....twice. I thought he wanted to get back together and now he won't even talk to me. He wanted me to promise not to tell my lawyer, but I did. What will happen now? Do judges usually grant dismissal based on this kind of thing>? Oh, he also wants sole custody of our 2 yr old.
So Confused.
You told your lawyer. What does he/she say about this? Why get advice from a bunch of strangers instead of the person you are paying a ton of money to represent you?
 

outsideringa

Junior Member
okay, the reason I have even posted on here, is just to get others' opinions, advice, etc. Though ofcourse my atty is the only person that I trust. Also, we don't live in a trailer or have ever had one at all. My stbx got loans from a bank where his uncle (this is so nice of his uncle) is the head loan officer. Nice....he loaned him $ to get a divorce/custody lawyer and to hire pi's. Also, he has acknowledged the fact that we have been separated since Nov and that is stated in his depositions, etc. We are trying to dismiss the whole case b/c of what happened. (he said he wanted to get back together and then we had sex and then he said he changed his mind) Hope he's not reading this! :eek:
 
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