Salivander
Junior Member
What is the name of your state (only U.S. law)? TN
My STBE husband has admitted to having an affair. I found emails between he and the other woman that confirmed they have been having an affair. He claims it started after the divorce proceedings began (has only been 1 1/2 months and they are already 'in love?'), but upon doing some digging, I found that he had signed up for several alternate email addresses as well as social networking sites that were signed up for months before I filed for divorce. TN is an at fault state, and I have already filed under the claim of improper marital conduct, so I am wondering if it is even fruitful to subpoena the cell phone call and text records to somehow prove that this has been going on far longer than he admits to.
The reason this seems to me, a lay-person, to be important to my case, is that I contributed a substantial amount of money to not only our marital home, but in vehicles and debt payoff as well. And by substantial, I am talking close to $80,000 that was invested in various home improvements, down payment, as well as purchasing all new appliances for the entire house. And all of the contributed money came from a life insurance policy from the death of my first husband. And as for an appraisal that was done on the home a few weeks ago, we are borderline upside down, so there is no profit to be made as the market has fallen.
He is wanting to keep the house as he claims I 'cannot afford it alone,' and I dispute that. He also wants to keep my Acura that is titled to me in my previous name that was purchased with said life insurance money. We have a joint vehicle that still has a note on it, and he wants me to take that vehicle and be responsible for the payments on it. He sold his vehicle last year for a whopping $700 and claims that he is entitled to the Acura as it is marital property. While I do not dispute that it is marital property as he has been driving it, I think he should have to pay me for it, and pay off some of the joint vehicle in the process.
The problem is, we have only been married 2 1/2 years. I'm not sure how this affects equitable division. The reason I want to subpoena the phone/email/text records is to have substantial proof of the affair I discovered in the hopes that he will not walk away with everything of value. He is even refusing to admit that personal/separate property that was purchased before I even knew he existed is in fact just that, separate. Even thought I have the bank statements to show it, he still refuses to allow me access to the house to get my items. I moved out under the false impression that we were having a 'trial separation' which he had no intentions of doing as within 24 hours he was telling me to stop communicating with him, and to only communicate through our respective counsel. (I filed for divorce, then he decided he wanted to work on things and we would do a legal separation waiving the required Answer to the Complaint).
Another option that we are exploring is to subpoena the other woman for a videotaped deposition. But simply swearing you will tell the truth does not guarantee you will get the truth. With the phone/text/email records, there is a paper trail.
Or am I way off base here and barking up not only the wrong tree, but the wrong orchard?
My STBE husband has admitted to having an affair. I found emails between he and the other woman that confirmed they have been having an affair. He claims it started after the divorce proceedings began (has only been 1 1/2 months and they are already 'in love?'), but upon doing some digging, I found that he had signed up for several alternate email addresses as well as social networking sites that were signed up for months before I filed for divorce. TN is an at fault state, and I have already filed under the claim of improper marital conduct, so I am wondering if it is even fruitful to subpoena the cell phone call and text records to somehow prove that this has been going on far longer than he admits to.
The reason this seems to me, a lay-person, to be important to my case, is that I contributed a substantial amount of money to not only our marital home, but in vehicles and debt payoff as well. And by substantial, I am talking close to $80,000 that was invested in various home improvements, down payment, as well as purchasing all new appliances for the entire house. And all of the contributed money came from a life insurance policy from the death of my first husband. And as for an appraisal that was done on the home a few weeks ago, we are borderline upside down, so there is no profit to be made as the market has fallen.
He is wanting to keep the house as he claims I 'cannot afford it alone,' and I dispute that. He also wants to keep my Acura that is titled to me in my previous name that was purchased with said life insurance money. We have a joint vehicle that still has a note on it, and he wants me to take that vehicle and be responsible for the payments on it. He sold his vehicle last year for a whopping $700 and claims that he is entitled to the Acura as it is marital property. While I do not dispute that it is marital property as he has been driving it, I think he should have to pay me for it, and pay off some of the joint vehicle in the process.
The problem is, we have only been married 2 1/2 years. I'm not sure how this affects equitable division. The reason I want to subpoena the phone/email/text records is to have substantial proof of the affair I discovered in the hopes that he will not walk away with everything of value. He is even refusing to admit that personal/separate property that was purchased before I even knew he existed is in fact just that, separate. Even thought I have the bank statements to show it, he still refuses to allow me access to the house to get my items. I moved out under the false impression that we were having a 'trial separation' which he had no intentions of doing as within 24 hours he was telling me to stop communicating with him, and to only communicate through our respective counsel. (I filed for divorce, then he decided he wanted to work on things and we would do a legal separation waiving the required Answer to the Complaint).
Another option that we are exploring is to subpoena the other woman for a videotaped deposition. But simply swearing you will tell the truth does not guarantee you will get the truth. With the phone/text/email records, there is a paper trail.
Or am I way off base here and barking up not only the wrong tree, but the wrong orchard?
Last edited:
