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Extramarital affairs/Adultery

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Maryland State Appeals Court Rules That a $7M Adultery Penalty in Postnuptial Agreement Is Enforceable.

March 1, 2023

Assets/Debt/Property, Court Orders, Extramarital affairs/Adultery, Infidelity, Postnuptial Agreements

Court of Special Appeals, extramarital affair, postnuptial agreement

On October 26, 2022, the Maryland Court of Special Appeals ruled against a husband who claimed that the infidelity penalty in a postnuptial agreement between him and his wife was void because it lacked consideration, was unconscionable and was the…

If your life partner has a low IQ, is divorce an option?

November 29, 2022

Abandonment and Desertion, Adultery, Divorce, Extramarital affairs/Adultery, No fault divorce

abandonment, adultery, alcohol abuse, criminal convictions, cruelty, desertion, drug abuse, impotency, insanity, loathsome disease, mental illness, neglect, no-fault divorce

Yes, but not for the reason you may think. In the age of no-fault divorce, you don’t really need to persuade the court to grant you a divorce. Divorce is essentially available on demand. Your spouse’s IQ need not have…

How can I make sure father won’t gain custody?

My husband cheated on me and we’re getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure that he won’t gain custody or even visitation rights? Surely…

What are the 3 main issues that lead to divorce these days?

Every time you hear about divorce, what are the 3 main issues that lead to divorce these days? I have been a divorce and family law attorney for 26 years. In that time I have spoken to thousands of people…

Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery

2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department The Honorable Darold J. McDade No. 174402122 Seth D. Needs,…

Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

January 17, 2022

Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Business Interests, Business Valuation, Coping With Divorce, Court Orders, Court Rules, Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Expert Witnesses, Extramarital affairs/Adultery, Family Law, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Personal Property, Procedure and Evidence, Property Division, Real Estate/Real Property, Spousal Support, Spouse's Business, Taxation, Utah Code, Utah Court of Appeals Decisions, Utah Law, Valuation, Women's Divorce Issues

appellate case, appellate decision, court of appeals, divorce law, family law, Utah Court of Appeals

2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt Lake Department The Honorable Su Chon No. 104904966 Michael D.…

How do I best explain to my daughters that I am divorcing their stepmom?

November 17, 2021

Child Custody, Children in Divorce, Divorce, Extramarital affairs/Adultery, Parent Time, Parentage, Stepchildren, Stepparents

adultery, affair, Children in Divorce, divorce problems, domestic case, parenting, stepchildren, stepparents

What is the best way for me to explain to my 3 daughters that the reason in which I am divorcing their Assistant Prosecutor stepmother is because I wouldn’t let her legally adopt them and that I had an affair…

What are legitimate ways to contradict a witness in the court?

July 17, 2021

Dirty Tricks, Discovery, Divorce Fears, Divorce Law, Divorce Mistakes, Evidence, Expert Witnesses, Extramarital affairs/Adultery, Family Law, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

dirty tricks, discredit, impeach, witness

If you are asking whether there are “legitimate” ways to make truthful witness look inaccurate or dishonest (meaning there are ways to do it that won’t get you in trouble), there are tricks that may and often do work to…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

What are the grounds for filing for a divorce in Utah?

First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have to plead or show that your spouse committed any kind…

I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?

If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are the wife; and you discovered, after you divorced, that your…

Would you tell someone that his/her spouse is cheating?

Would you tell someone that his/her spouse is cheating? First, I need to make clear that my answer is in my capacity as just a member of the public. If a client of mine (I am a divorce attorney) was…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you have had…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…

When did you realize that fighting for your marriage was useless?

December 21, 2018

Divorce Lawyers, Divorce Prevention/Marriage Preservation, Extramarital affairs/Adultery, Women's Divorce Issues

When did you realize that fighting for your marriage was useless? Many people ask me questions about “my” divorce. I am not divorced, I never have been, and (God willing), I will never have cause to be and never will…

No-fault and fault-based divorces: what is the difference?

September 17, 2018

Abuse, Divorce Law, Extramarital affairs/Adultery, Fault

fault-based divorce, no-fault divorce

What are the major differences between fault and no-fault divorces and which one should become more universally standard? It used to be that one could not get a divorce without establishing “fault” as grounds for divorce. “Fault” had a particular…

Who gets the house, if one of us had an affair?

March 26, 2018

Adultery, Assets/Debt/Property, Best Interest of the Child, Children in Divorce, Coping With Divorce, Dirty Tricks, Division of Marital Property, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Extramarital affairs/Adultery, Marital Home, Marital Property, Property Division

who gets the house?

After 1.5 years trying to reconcile after my wife’s 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had the affair, so I think she should be the one to…

I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child?

December 27, 2017

Child Custody, Extramarital affairs/Adultery, Parentage, Paternity

I had a child from an affair but my husband is raising the baby and is on the birth certificate, can the other man get custody of my child? I practice law in Utah, so my answer is based upon…

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