回複:回複:很複雜的離婚,請教老貓先生,謝謝

來源: 2006-07-26 16:24:28 [舊帖] [給我悄悄話] 本文已被閱讀:

Under my best knowledge, the info above is a little misleading.
First, NY is a non fault divorce state. This means in most, 99.99%, cases, the court would not ask the reason of divorce. Adultry in New York state is not a crime now. Therefore, the affair most probably would not affect the the judge's ruling.
Second, the opposing party in order to protect his property is going to ask for annulment which is based on fraud. And courts are very reluctant on declearing that. He has the burden of proof that you entering the marriage by fraudulent conduct with false intent. upon the info in hand, the opposing party cannot prove that. Bacause the affair happened far after you entering marriage hopefully, so he cannot prove at the time of marriage you have fraudulent mind based on the affair.
Anyway, since this may involve a lot of money, find a good divorce lawyer.