Q: I am in divorce process with my wife. The process has started six month ago. Now I started a new relationship and new girlfriend just got pregnant last month. My wife is negotiating spouse support, Medicare and all other issues with me still. So my girlfriend 's pregnancy will cause any trouble or change for my divorce case? Can my wife Sue me adultery since divorce is not settled yet? Will I pay her less spouse support as I will have a new kid and new girlfriend to take care?
A: David Bliven's Answer: To answer your question definitively, I'd need to know what "all other issues" means. That said, though you are technically still married until the divorce judgment is signed, the reality is that adulerty is very rarely prosecuted anymore. In terms of whether - and to what extent - your new responsibilities will impact spousal support (or "maintenance"), this may depend on what contribution your girlfriend may be able to make towards those expenses.
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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