Tuesday, January 29, 2013

Should my nephew agree t an uncontested divorce when there has been adultery and there is a child involved?

Q: My nephew’s wife is filing an uncontested divorce. She actually committed adultery at least 4 times. He took her back every time. They have a son and she may try to get sole custody. Is he at risk by agreeing to the uncontested divorce? Should he hold out and file a contested divorce for adultery? He needs to be in his sons life at least 50% of the time and I also think he should have custody as she is highly unstable. I am concerned that agreeing to an uncontested divorce removes his ability to use the adultery in a custody battle.

A: David's Answer: If he signs off on an uncontested divorce (or "affidavit of defendant"), he will indeed be agreeing to the wife having custody. adultery in itself will probably not win him custody, but you mentioned her "insatiability" & depending on the extent of same, he may have a good shot. -- David Bliven, Westchester Divorce lawyer (www.blivenlaw.net)

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