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Recently became aware of the possibility my current wife is cheating and began looking for proof. How should I proceed with annulment / divorce? What proof is sufficient? She has lost interest in communicating, noticed she is into watching new tv shows and music. Noticed she was very touchy about her cell phone, computer. We have a shared plan, logged into the at&t call/data history, and well, the logs explain everything. I've attempted to look at her phone, and all the sms messages from the person in question are constantly being deleted. The calls to the person in question are when she is out of the house. Sitting in clear view, I will see a name on the phones screen that is different than whom she says it is. Many times she is 2 hours late from work. Condoms in her purse in the "secret" compartment. The cell phone logs are constant the last two months, however there were a few sms messages from the month prior to getting married and they do not show up up to a year back from that. Maybe being more concealed prior to the wedding? I don't know. What steps should I take to make sure this is enough proof? Is there a possibility of an annulment, or must this be a divorce? Is it worth while to follow the at fault divorce path? I'd like to change the locks on the doors, however I feel I need to take this calmly to protect myself. I understand any response is not advice, and I will only consider it as possibilities. Appreciate any response, Thanks

 
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Divorce with adultery in MA

Sorry about your situation.  Typically, it is more common for people to get a no-fault divorce, even in cases where there has been adultery.  However, obtaining a divorce based on fault (adultery in this case) is still done, though very rarely.  If you hire a licensed private detective and obtain photographic or other proof of adultery, you may be able to use the adultery to influence property division or alimony.  Maybe.  Maybe not.  "conduct of the parties" is one of a dozen or so factors that the divorce court will consider when deciding on alimony or property division.  Even if proven, the adultery will likely have no impact on child custody issues, as that determination is based on the "best interest" of the child.  Your best bet is to immediately talk to a Massachusetts divorce lawyer.  She will likely recommend a no fault divorce approach, help you go over the specifics of your situation, and recommend a course of action.  Good luck. 

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