Can I file an adultery charge to contest a divorce and send a subpoena to the third party? 24 Answers as of February 11, 2013

My wife wants a divorce. She is committing adultery, but refuses to file on that basis. I do not know the identity of the individual she is seeing. Am I able to counter file on grounds of adultery, and force her to give his name and subpoena him?

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Fran Brochstein
Fran Brochstein | Fran Brochstein
Texas is a no fault state so you don't need grounds for filing for divorce.
Answer Applies to: Texas
Replied: 2/11/2013
Thompson Law Firm, PLLC
Thompson Law Firm, PLLC | William Matthew Thompson
You file. Yes. Unless she lies like a dog.
Answer Applies to: Mississippi
Replied: 2/10/2013
Henry Lebensbaum | Henry Lebensbaum
Forget the adultery and just file for a divorce.
Answer Applies to: Massachusetts
Replied: 2/10/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
See an attorney and file, at least in Michigan there is no need fro such grounds or information.
Answer Applies to: Michigan
Replied: 2/8/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes you can counter file alleged adultery and you can ask via formal discovery his name. You can also subpoena him as long as you know that if he lives more than 100 miles from the courthouse he can ignore it and there is nothing you can do about it.
Answer Applies to: Texas
Replied: 2/8/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    In California adultery is not grounds for divorce. You just need irreconcilable differences and either part can file. If you're not in California find a local attorney.
    Answer Applies to: California
    Replied: 2/8/2013
    Kalil & Eisenhut, LLC | Michael N. Kalil
    To bring a divorce on an adultery basis, you have a very specific obligation to prove things. Now that New York is a no-fault state, her "adultery is irrelevant to the process. Assuming that she has committed adultery, from the court's perspective, it's irrelevant to all financial considerations. With my clients, I let them know that its about the big picture. While I appreciate the emotion that is involved with divorcing couples, the extra time and money that goes into proving someone is committing adultery doesn't make economic sense. Also, every action has a reaction. Will insisting on adultery make negotiations more difficult. At the end of the day, and taking children issues out of the equation, a divorce is an economic transaction. Emotions can't play a part of making good economic decisions.
    Answer Applies to: New York
    Replied: 2/8/2013
    John Russo | John Russo
    Has she filed you can only file a counter claim if there has already been a claim filed. But whats the big issue on the grounds, I don't know what jurisdiction you are in, but not to burst you'r bubble but most judges don't care about boyfriends and girlfriends it's not the issue it was in years past. And no if she has half a brain she is going to deny the affair, and unless you have pictures of them in bed together how are you going to prove anything, but since you don't even have a clue who this person is how do know she is having an affair, but yes IF you new who he was you could subpoena him in, for all the good that would do because he will just deny it, and without actual sexual photos or e-mails or texts of a sexual nature were you going. om.
    Answer Applies to: Rhode Island
    Replied: 2/7/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Nevada is a no fault divorce state. Her committing adultery is not relevant in the divorce.
    Answer Applies to: Nevada
    Replied: 2/7/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    California is a no-fault state, if you are in California, you simply file that there are irreconcilable differences (without naming what those differences are). If you are in a state that requires one of you to blame the other and state a reason, why don't you file the case and state that she is committing adultery and request divorce?
    Answer Applies to: California
    Replied: 2/7/2013
    Law Office of Joanna North
    Law Office of Joanna North | Joanna North
    In Oregon you don't have to have a reason to get divorced other than irreconcilable differences. So, it doesn't matter whether or not she wants a divorce. If you want a divorce you can get one. During the divorce process you can depose your wife and ask her the name of her boyfriend if it is relevant. i.e. in custody or spousal support cases. Such matters can be very complex and you should hire an attorney to represent you.
    Answer Applies to: Oregon
    Replied: 2/7/2013
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    In Kansas, adultery is no longer a specifically recognized ground for divorce. The official grounds for divorce are as follows: 23-2701. Grounds for divorce or separate maintenance. (a) The district court shall grant a decree of divorce or separate maintenance for any of the following grounds: (1) Incompatibility; (2) failure to perform a material marital duty or obligation; or (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses. Rian F. Ankerholz (913) 345-2000 Fax: (913) 345-2081 This message, including attachments, is from the law firm of Ankerholz and Smith. This confidential message contains information that may be protected by attorney-client or attorney work product privileges. If you are not the intended recipient, promptly delete this message and notify the sender of the delivery error by return e-mail or call us at 913-345-2000. You may not view, forward, print, copy, distribute, or use the information in this message if you are not the intended recipient. Although this e-mail and any attachments has been scanned for viruses, Ankerholz and Smith disclaims any responsibility for any resulting loss or damage. IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by Ankerholz and Smith to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. The Missouri Bar requires Missouri lawyers to notify clients using e-mail that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from us to you or vice versa; (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or our computers or even some computer unconnected to either of us through which the e-mail passed. We are communicating to you via e-mail because you have consented to receive communications in this manner. If you want future communications to be sent in a different way, please notify us immediately.
    Answer Applies to: Kansas
    Replied: 2/7/2013
    S. Joseph Schramm | Joseph Schramm
    If your wife and you both want a divorce then one or the other of you could file a No-Fault complaint in divorce under 3301( c ) of the divorce code. It would be a lot easier than trying to procede on the grounds of adultery.
    Answer Applies to: Pennsylvania
    Replied: 2/7/2013
    McGuire Law Offices | John Smitten
    File the case yourself as the petitioner.
    Answer Applies to: Florida
    Replied: 2/7/2013
    Peyton and Associates | Barbara Peyton
    You can file for a divorce. Adultery is not a ground for divorce in California. We are a no fault state so the only real ground you can state on the paper work is adultery. People's sex lives are not relevant to divorce cases so you would probably not be allowed to force your wife to give up the boy friend's name.
    Answer Applies to: California
    Replied: 2/7/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    California is a no fault state. So, it does not matter that she is having an affair.
    Answer Applies to: California
    Replied: 2/7/2013
    Danville Law Group | Scott Jordan
    No, California is a no fault divorce state and whether a person is committing adultery is not relevant to the courts. You can file a petition for divorce without your wife's permission. Please feel free to call me for a no-obligation telephone consultation.
    Answer Applies to: California
    Replied: 2/7/2013
    Law Offices of Frances Headley | Frances Headley
    Sorry, dissolution in California is no fault and the actions of your spouse are irrelevant to any dissolution proceedings.
    Answer Applies to: California
    Replied: 2/7/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    In New Jersey, you could.
    Answer Applies to: New Jersey
    Replied: 2/7/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Arizona is a no-fault state, so adultery is irrelevant. The ONLY grounds for divorce are that the marriage is "irretrievably broken with no reasonable prospect of reconciliation." It doesn't matter who he is and there's no reason to subpoena him or involve him in your case. Either of you can file for divorce on the grounds I noted above - there is no advantage as to who files first.
    Answer Applies to: Arizona
    Replied: 2/7/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    California is a no fault divorce state, so you don't file on grounds of adultery.
    Answer Applies to: California
    Replied: 2/7/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Michigan is a no-fault divorce state so you could file on your own simply by alleging that there has been a breakdown of the marital relationship to the extent the objects of matrimony have been destroyed and there is no likelihood of reconsiliation. If you are in a state where fault must be alleged, you could still file alleging her actions as the required fault.
    Answer Applies to: Michigan
    Replied: 2/7/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Nevada is a no-fault divorce state. Therefore your wife's infidelity would be irrelevant to the question of whether you are entitled to a divorce.
    Answer Applies to: Nevada
    Replied: 2/7/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    You can counter file for adultery, or you can demand that she file a complaint for the divorce and then as part of your Answer you could cross-claim for divorce under the grounds for adultery. Keep in mind, however, that you would have the burden of proving the grounds of adultery, and that at the end of the day, obtaining a divorce under the grounds of adultery has little to no impact on all the other matters such as equitable distribution and maintenance. So you may want to ask yourself, beyond simply confirming your suspicion of adultery, what you would want to gain from wanting a divorce on adultery grounds.
    Answer Applies to: New York
    Replied: 2/7/2013
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