Co-respondent in Divorce

[Gemini399]

I live in NY and am condsidering a divorce. Found about an affair my H had been having and the OW claims that he is the father of her child but refuses to submit tissue for the child so that DNA tests can be done.

My H states that he had been "with her" for 5-6 times over a one year period and was not aware if in fact she had other men.

If I file for divorce and name her as co-respondent, what can I sue her for? I'm feeling very vindictive right about now.

 

[LegalBeagle]

I live in NY and am condsidering a divorce. Found about an affair my H had been having and the OW claims that he is the father of her child but refuses to submit tissue for the child so that DNA tests can be done.

My H states that he had been "with her" for 5-6 times over a one year period and was not aware if in fact she had other men.

If I file for divorce and name her as co-respondent, what can I sue her for? I'm feeling very vindictive right about now.

You can not 'sue' her for anything. What you do is concentrate on your soon to be ex and try and 'take him to the cleaners'. Retain a good attorney. You have to remember that it is HE that broke your marriage vows, not her. If the child is indeed his and you have your own children with him, then I suggest you file something now because you could get less money in Child Support if she get an order in first.

Since he has admited he had been with her, you can bet it was a lot more than 5-6 times. I mean, he is highly unlikely to announce he had the best sex of his life with her approx 87 times over the last 2 years.

 

[I AM ALWAYS LIABLE]

My response:

Only 87 times in 2 years, LB ?

Then, he's a "girly man". Considering the average of 3 times per week, multiplied by 104 weeks, equals well over 300 times of playing "hide the boloney".

IAAL

 

[Gemini399]

Thanks for the input, I think. I realize that my H is guilty of infidelity, however, as I stated in earlier post, I have options to consider. I was advised that the OW, who had knowledge that she was getting involved with a MM is also liable to some extent.

She was shocked that I found out about the A and the fact that she claims my H is the father of her child. Can't understand why she won't get the DNA test done.

 

[dorenephilpot]

Wow. You guys sure are missing out!

Only 3x a week?

How OLD are you, anyway? ;-)

 

[maryp]

I read it as 3 times a night!!! (sigh.. wishful thinking or what!) (I really must get my eyes tested).

 

[I AM ALWAYS LIABLE]

Wow. You guys sure are missing out!

Only 3x a week?

How OLD are you, anyway? ;-)

My response:

Well, none of us would have to "miss out", Dorene, if you'd just get your butt out to California !

IAAL

 

[LegalBeagle]

Thanks for the input, I think. I realize that my H is guilty of infidelity, however, as I stated in earlier post, I have options to consider. I was advised that the OW, who had knowledge that she was getting involved with a MM is also liable to some extent.

She was shocked that I found out about the A and the fact that she claims my H is the father of her child. Can't understand why she won't get the DNA test done.

You can not sue her. NY does not recongise Alienation of Affection as a course of action. She can refuse anything she wants until ordered to do so by a judge. It is in H best interest to get this sorted asap. The way to sort it out is to retain an attorney and file paternity papers.

IAAL et al, I was stating 87 based on the 1999 stats for men from NY. Obvious with Dorene still being a newlywed, she is still in the happy 'my man desires me' stage and thus 3 times a week is laughable.

 

[dorenephilpot]

Ahhh, those blissful, energetic newlyweds. Doncha just HATE 'em?