Expert: S. Kessler - 6/22/2007

Question
My daughter's husband has admitted cheating on her for 3 years and has no intention of stopping. She would like to get out of the marriage on grounds of adultery. If he denies it, must she have photos of them "in the act?" Also is there legal assistance for divorce? He closed down their joint account, keeping all the money. He now gives her an "allowance" so she has no money at all.

Answer
Hi Mary Ellen~

In some states like TX (for example), in order to use adultery as grounds for a divorce, you must have proof.  Being in the form of pictures, witnesses, video, audio, etc (even hiring a P.I (private investigator)) as proof this took place.  Otherwise, states don't really care about adultery, all they want to know is the reason for the divorce.  

There is legal assistance for those who are eligible.  It's called Legal Aid.  And you can find out more information by going to the Division of Family Services and getting their toll free number (to Legal Aid).  They can do an interview right over the phone to see if she'll qualify.  If there is abuse involved in the relationship these instances take precedence above other pending cases (and it'll expedite her case if she's approved and it'll make it quicker).  

When she gets to court, she needs to tell the judge that he closed the account and took all the joint funds (he can't do that).  She's entitled to half of everything incurred during the entire marriage.  So him giving her an "allowance" is total and complete BS.  He can get into trouble for that with the courts and be penalized.  

Here is a great divorce web site.  It is: www.divorcenet.com click on the state where she resides.  It will give her divorce laws of her state, along with other info she may find helpful.