I need advice

[Proserpina]

Ok, I think I am sure she is cheating on me and sleep with another man. I caught her chatting with a man in town and both admitted they had sex . They have this relationship over 1 year. I am filing divorce. I want to know if I should present her cheating evidence to the court and this will help me fight for my kids' custody. Please advice again. I know IL is no fault divorce. But, one of my friends told me that I should present this so that the Judge will have more sympathies to your side even this is no fault divorce. But I am concerned my wife's lawyer will ask me how I can this evidence. I don't want to let them know the source until the case is over. I think i would rather not say if presenting this evidence is no help to my custody fighting. Please advice!!!!

Why is it the children's best interest to be with you?

Who has been their primary caregiver?

 

[dmcc10880]

GPS = ILLEGAL.

No fault divorce is just that. You allegations of her cheating will likely have no bearing on custody, support, etc.

 

[mistoffolees]

Ok, I think I am sure she is cheating on me and sleep with another man. I caught her chatting with a man in town and both admitted they had sex . They have this relationship over 1 year. I am filing divorce. I want to know if I should present her cheating evidence to the court and this will help me fight for my kids' custody. Please advice again. I know IL is no fault divorce. But, one of my friends told me that I should present this so that the Judge will have more sympathies to your side even this is no fault divorce. But I am concerned my wife's lawyer will ask me how I can this evidence. I don't want to let them know the source until the case is over. I think i would rather not say if presenting this evidence is no help to my custody fighting. Please advice!!!!

Before, you said you didn't know. Now you're saying that they both admitted it to you.

What more do you need to know? Sheesh.

Oh, and btw, as I think you were told, her having an affair will not affect custody. Your friend is wrong.

As for fears about what her lawyer is going to ask you? If you can't tell where it came from, it's not admissible. So forget it.

 

[mistoffolees]

GPS = ILLEGAL.

Says who?

If the car is in his name, he can put a GPS on it if he wishes.

Of course, as has been explained repeatedly, it's not likely to tell him anything he doesn't know. Nor is it likely to be the least bit useful in court.

 

[bluesky368]

Ok, I cannot talk too detail. Last night I log into her PC and her email is still running and they use fake name and I see her chatting with a man who I know talking about sex they had previously. Then I traced all previous their chat, Then I copy/paste their chat to USB. Do you think this can be used for court use?

I think I am the primary caregiver, but I think my wife share some responsibility too.

 

[mistoffolees]

Ok, I cannot talk too detail. Last night I log into her PC and her email is still running and they use fake name and I see her chatting with a man who I know talking about sex they had previously. Then I traced all previous their chat, Then I copy/paste their chat to USB. Do you think this can be used for court use?

Go back and read the answers you've already been given and STOP ASKING THE SAME QUESTION OVER AND OVER.

 

[Bali Hai]

Go back and read the answers you've already been given and STOP ASKING THE SAME QUESTION OVER AND OVER.

OP's life is falling apart and he's trying to reach out for some help misto. He's obviously not from this country and not familiar with the law here so try to show a little patience and understanding for the man.

 

[LdiJ]

Ok, I cannot talk too detail. Last night I log into her PC and her email is still running and they use fake name and I see her chatting with a man who I know talking about sex they had previously. Then I traced all previous their chat, Then I copy/paste their chat to USB. Do you think this can be used for court use?

I think I am the primary caregiver, but I think my wife share some responsibility too.

It doesn't matter in your divorce because IL is a no fault state. It doesn't matter as far as child custody is concerned because its not one of the best interest factors in determining custody.

In fact, any emphasis on her infidelity could even hurt your in court, because one of the primary best interest factors is how well one parent will encourage and facilitate a relationship between the children and the other parent. If you come across as the hostile one, because of her cheating, the judge may not view you as a parent who will encourage and facilitate a relationship with the other parent.

Forget all about trying to find a way to use the infidelity to help you. It will not and it just takes your focus off the things that ARE important.

 

[mistoffolees]

OP's life is falling apart and he's trying to reach out for some help misto. He's obviously not from this country and not familiar with the law here so try to show a little patience and understanding for the man.

Bali asking for patience and understanding? What is the world coming to?

 

[Bali Hai]

It doesn't matter in your divorce because IL is a no fault state. It doesn't matter as far as child custody is concerned because its not one of the best interest factors in determining custody.

In fact, any emphasis on her infidelity could even hurt your in court, because one of the primary best interest factors is how well one parent will encourage and facilitate a relationship between the children and the other parent. If you come across as the hostile one, because of her cheating, the judge may not view you as a parent who will encourage and facilitate a relationship with the other parent.

Forget all about trying to find a way to use the infidelity to help you. It will not and it just takes your focus off the things that ARE important.

Great advice LdiJ.

 

[dmcc10880]

Bali asking for patience and understanding? What is the world coming to?

Hope for change?

 

[tuffbrk]

Hope for change?

I happen to like Bali just as he is thank you very much!