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both parties commit adultery
Posted by: pro se ()
Date: January 15, 2016 10:55AM

What happens in a divorce proceeding where both parties allege adultery by the other?

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Re: both parties commit adultery
Posted by: What happens Next ()
Date: January 15, 2016 11:04AM

An orgy after party.

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Re: both parties commit adultery
Posted by: I used to love you ()
Date: January 15, 2016 11:55AM

Who cares at that point? Just get a divorce. It's pretty difficult to prove adultery do it really doesn't matter if it's only "alleged".

Just get the divorce. You'll both be happier.

Why are you asking for advice here? Get a lawyer.

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Re: both parties commit adultery
Posted by: Clown Question ()
Date: January 15, 2016 11:56AM

Uno de piss conteste

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Re: both parties commit adultery
Posted by: mnbvh ()
Date: January 15, 2016 12:53PM

agree on splitting any resources quickly and file divorce without a lawyer

if you dont, they lawyers will demand so much money with false promises you'll both be broke

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+1 your right

unfortunately, if both claim it's true and only one can show it was, the other may suffer the blindness of the court. but the judge is supposed to be aware of that.

In aequali jure melior est conditio possidentis - When the parties have equal rights, the condition of the possessor is better.

in Roman law judges were loath to transfer money from one party to another. the reason why is that if the judge used "law" (usu. no force was used unlike today's courts that use force before knowing if it is)

to do so mean if the judge had errored in investigation, he was AT FAULT. if the money was GONE and spend: the judge OWED THE MONEY to the party

therefore: judges were loath to tranfer anything from one party to another

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Re: both parties commit adultery
Posted by: Legal Warning ()
Date: January 15, 2016 03:38PM

It is called recrimination. The simple explanation is that in theory each party's adultery cancels out the other party's adultery. If other grounds for divorce do not exist the judge is supposed to dismiss the suit.

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Re: both parties commit adultery
Posted by: Whoooooooo ()
Date: January 15, 2016 04:14PM

In the long run, both of you will get fucked by the court system if you push the idea. If you have kids together, the adultery claims will just fuck them up. Agree that you'll both be happier apart & work through a property separation agreement. Find the happy money/assets line & be civil to each other. Get the PSA taken care of & then file.

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