Online records for use in divorce

What is the name of your state? Alaska

Don't know if this belongs here or Internet law, but the end goal is divorce so...

Basically I found out that my wife has been engaged in pretty hardcore cybersex. She's been taking pictures of herself, naked, and in different poses and emailing them to at least 3 people I know of.

She's using 'our' computer, though we have two and this one I built myself and use exclusively and consider 'mine'. She only uses it for video games (and cybersex I guess)

She is using MS Outlook to send. I set up the program for her, and while she decided the password I had full knowledge of it form day one. Also she does not have a password to log onto the computer, and the password is automatically entered so that there was really no 'lock' on the system at all.

There are no headers from Outlook becuase I only have stuff she was sending. She deletes everything she recieves.

I also turned conversation logging on in her Yahoo Instant Messenger. A couple days later and I have logs of her having cybersex and admitting that she has cheated, but only with another woman. Again, the password was automatically entered, I did not have to break in.

My questions:

1) Is cybersex considered adultry
or
2) Any legal issues with sending pictures (porn?) via internet? Maybe fact is she couldn't verify ages? Stretching...
3) Can I use this information in a divorce proceding.
if not
4) Can you divorce someone for just not trusting them anymore or some other reason I can use if the information is not usable.

Lastly, we have just moved to Alaska. I'm not sure if either of us are considered residents yet. I'm in the Military, she's not. We bought a house, but still have drivers license from out of state and out of state plates on vehicles. Would I proceed with divorce papers here or Wash State where we just moved from?

Thanks in advance,
Dave in AK

Oh yeah, we've been married under a year (10 months). Can we get an annulment still or is it too late?

-Dave in AK

you said she had sex with a woman...sounds like adultery to me.

Yes, but can I use her chat log to prove it if she won't fess up?

Why wouldn't you be able to?

I'm certainly not a lawyer but if it's information on your home computer that she left there then why wouldn't it be?

My response:

Mere "words" DO NOT amount to adultery. Sorry pal. Part of the definition of "adultery" is the physical aspect. There was no physical contact.

I don't care how "raunchy" and "erotic" she was with her words, the First Amendment protects her writings and, as such, cannot be used against her in this context.

Look, save yourself a lot of money by divorcing her using the "No Fault" laws of Alaska - - because if you go the "Fault" method, not only will you lose, but you're going to spend boatloads of money trying to prove something that is untenable.

As Justice Potter Stewart of the United States Supreme Court said many years ago, "I can't define pornography, but I know it when I see it."

IAAL

why dont you post some of her pictures to this board so we can determine if it is pornography?

Ok IAAL, though I did specifically say that she had admitted to adultry in a chat log and my question was if I could use that log to prove fault.

Also I was under the assumption that I could not use 'no-fault' in Alaska. This was based on the following:

"Alaska does not permit irreconcilable differences type no fault divorces but does permit incompatibility divorces and mutual consent decrees as well as traditional fault divorces. Incompatibility of temperament which has caused the irremediable breakdown of the marriage. [Alaska Statutes; Title 25, Chapter
24.200]. It is a separate property state. There is residency time requirement but you must be a bona fide resident to obtain an Alaska divorce"

Maybe you could do a better job explaining the differance between an "irreconcilable differences type no fault" and "incompatibility divorces". Also a good definition of Separate Property State would be helpful.

And stephank, FU.

JMHO

DB_D said:

Ok IAAL, though I did specifically say that she had admitted to adultry in a chat log and my question was if I could use that log to prove fault.

Also I was under the assumption that I could not use 'no-fault' in Alaska. This was based on the following:

"Alaska does not permit irreconcilable differences type no fault divorces but does permit incompatibility divorces and mutual consent decrees as well as traditional fault divorces. Incompatibility of temperament which has caused the irremediable breakdown of the marriage. [Alaska Statutes; Title 25, Chapter
24.200]. It is a separate property state. There is residency time requirement but you must be a bona fide resident to obtain an Alaska divorce"

Maybe you could do a better job explaining the differance between an "irreconcilable differences type no fault" and "incompatibility divorces". Also a good definition of Separate Property State would be helpful.

And stephank, FU.

Click to expand...

If she's sleeping with a woman, I'd say you two were incompatible, but that's just a guess. May be a road you want to take.