a friend in need

What is the name of your state? california
I have a friend who had commited adultry 2 yrs ago , he is in the navy . Now his wife of 5 yrs wants a divorce and she says she is going to tell the lawyer about the affair , my question is can she do that , now that its 3yrs later and she has no proof? Becuase he can get kicked out of the Navy for this .

Thank you

She can make make the allegation if she wants to...her attorney can include it in the divorce filing, he can deny it, and then its he said-she said if she has no proof. No one can stop her from doing it though.

wouldn't the proof be the other woman?

well the wife didn't know the other woman so I don't think so

well the wife found out about the affair, right? it would not be so hard to find out who he was fooling around with. there are always family members and friends who will talk.

pouvave said:

What is the name of your state? california
I have a friend who had commited adultry 2 yrs ago , he is in the navy . Now his wife of 5 yrs wants a divorce and she says she is going to tell the lawyer about the affair , my question is can she do that , now that its 3yrs later and she has no proof? Becuase he can get kicked out of the Navy for this .

Thank you

Click to expand...

My response:

Wait a minute, wait a minute, hold your horses everybody!

Adultery IS NOT a "ground" for divorce in California. He can screw anybody he wants with COMPLETE impunity. California courts couldn't care less why a couple want a dissolution of their marriage.

So, she can tell HER attorney anything she wants, and it makes no difference. She can't even ALLEGE adultery in the court papers, and a court WILL absolutely refuse to hear any arguments or facts on the subject. It just won't happen.

There are 3 grounds for divorce in California - -

1. Irreconcilable Differences.

2. Annulment (on specific grounds).

3. Stupidity.

Well, maybe just two of those 3 are grounds.

IAAL

poster never said where the divorce is going to take place. plus the "friend" is worried what the Navy is going to do if the affair is found out.

actually, the poster said the divorce was in California -- and then said that he was worried that the ex spouse would tell her attorney...

IAAL is absolutely correct -- CA is a no-fault state -- the other attorney can't even allege that there was an affair going on --

this is a very common assumption among scorned spouses...

they think they can get all if they can prove adultry...

there's only a few states left that will even look at that...

your friend has no worries.