Somebody help me!!!

[Godwillprovide]

Adultery divorce

What is the name of your state? ny


Can somebody help me with this?i'm really frustrated.I'm doing an uncontested divore(Adutery)I went to the court and got the package cos i couldn't afford a lawyer,i presented every thing and now the judge has denied me due to the following EVIDENTIARY PROOF IS DEFECTIVE. Can anybody tells me what this means? That it mean that i need more evidence and if i do what kind of evidence?. thnx

 

[Silverplum]

What is the name of your state? ny

Can somebody help me with this?i'm really frustrated.I'm doing an uncontested divore(Adutery)I went to the court and got the package cos i couldn't afford a lawyer,i presented every thing and now the judge has denied me due to the following EVIDENTIARY PROOF IS DEFECTIVE. Can anybody tells me what this means? That it mean that i need more evidence and if i do what kind of evidence?. thnx

I'm not in NY, and do not know NY law.

I did, however, Google some pertinent words from your post. I came up with some info and a couple of sites for you to start reading:

http://www.brandeslaw.com/grounds_for_divorce/gndsadul.htm

http://www.divorcelawinfo.com/states/ny/nyintrod.html

Adultery can be proved by direct evidence or circumstantial evidence. Adultery cannot be proved by the confession of the party alone. Also, a spouse cannot prove adultery by his/her direct testimony, since Section 4502 of the Civil Practice Law and Rules provides that a spouse is incompetent to testify against the other spouse in a divorce founded upon adultery.

Section 171 of the Domestic Relations Law provides for 4 affirmative defenses to a divorce action based on adultery. An affirmative defense is one that must be pleaded. If proved, an affirmative defense results in the dismissal of the divorce action. The 4 affirmative defenses are:

1. Procurement or connivance. Procurement is the encouragement of adultery. Connivance is the consent to the adultery.
2. Forgiveness. A resumption of sexual relations after discovery of the adultery results in forgiveness (condonation).
3. Statute of limitations. A divorce action founded on adultery must be brought within 5 years of the discovery of the adultery.
4. Recrimination. This defense means that if the plaintiff is also guilty of adultery, he/she will not be granted a divorce.

 

[CandiceH]

Why in the world didnt you go for Cruel and Inhumane? The questionaire on there has a reference to adultery without actually spelling it out! Adultery is the hardest to file with!

 

[stealth2]

The long and the short of it is that you didn't prove adultery. Yes, NY is a state where a judge CAN refuse to grant a divorce if you dion't prove your grounds.

 

[StickyFingers]

Why in the world didnt you go for Cruel and Inhumane? The questionaire on there has a reference to adultery without actually spelling it out! Adultery is the hardest to file with!

"Cruel and Inhumane" was the original post.

Um... and no offence...but if you want to be the spelling police...you better do a 'spell check' yourself.

 

[Godwillprovide]

Thanks guys for responding to my problem, your suggestions and critics helped me a lot
And my special thanks goes to Silverplum,i just want to say God bless you in everything you do.Your links really really helped me.I did more reading and have come to understand that i need more evidence to proof my case. i'm going to do more reading and i will let you know if i need your wonderful ideas again.Thnx


AND OH!! CandiceH JUST SO YOU KNOW I HAVE NEVER BEEN TO SCHOOL SO I THINK I'M GOING PRETTY GOOD FOR MY SPELLINGS.THNX THOUGH FOR BRINGING MY ATTENTION TO THAT

 

[BL]

I can tell you I did my UD divorce in NY . Yes , very frustrating . I went for abandonment , cruel and inhumane , and adultery .

The Judge crossed out Adultery and cruel and inhuman . I had My Family Court records to prove abandonment .

So you see without proof , it's very difficult .

Did the spouse sign the UD , and was it submitted to the Court ?

 

[stealth2]

Why in the world didnt you go for Cruel and Inhumane? The questionaire on there has a reference to adultery without actually spelling it out! Adultery is the hardest to file with!

Where on earth did Candice say anything about OP's spelling?

 

[fairisfair]

Where on earth did Candice say anything about OP's spelling?

I think it has been inky inky erasy 'd, or was on another post, but I do remember seeing it.

 

[Rushia]

Where on earth did Candice say anything about OP's spelling?

I'm with you, however here where I think it comes from....

Why in the world didnt you go for Cruel and Inhumane? The questionaire on there has a reference to adultery without actually spelling it out! Adultery is the hardest to file with!

I think that she meant more along the lines of "saying" adultery without really saying it. I don't think that it had anything to do with spelling.

 

[CandiceH]

That is exactly what I meant. Sorry if it wasnt clear. Dont know why everyone was jumping down MY throat. Under the terms of Cruel and Inhumane there is a section that asks about spouse (not sure of the exact wording) "taking up relations" with another person. Adultery is soooo hard to prove and OP, you werent able to prove it.

I would have loved to have went for adultery myself because I had all the proof needed, but I didnt and then the ex freaked when he received the "Cruel and Inhumane". I asked him if he would have liked me to show the pics of him and the gf naked in MY bed and the rest of the evidence that I had. Shut him up!

 

[Godwillprovide]

Another Help people

First of all i want to say to CandiceH that i'm sorry i let everyone picked on you the right person for my comment should have been [B]stickeyfingers[/B],i over looked cos he quoted from something you said but yes he or she was the one that had a big thing about my spellings .Any way we are all here to help each other right?that's what matters.


Now my mext qustion is :Can i change my grounds for divorce from adultery to something else? See the problem is i already submitted my papers to the judge and she dinied it cos i didnt have enough proof so i'm wondering if i can change it into something else.

Also some where on the forms it says"ATTACH A CORROBORATING AFIDAVIT OF A THIRD PARTY WITNESS OR OTHER ADDITIONAL PROOF?What does this mean?
does it means that if i have a witnesswho saw this with me can be my proof? and how? on a piece of paper or a special forms from the court for this proof? THNX PEEPS

 

[Godwillprovide]

"Cruel and Inhumane" was the original post.

Um... and no offence...but if you want to be the spelling police...you better do a 'spell check' yourself.

This is it

 

[StickyFingers]

First of all i want to say to CandiceH that i'm sorry i let everyone picked on you the right person for my comment should have been stickeyfingers,i over looked cos he quoted from something you said but yes he or she was the one that had a big thing about my spellings .Any way we are all here to help each other right?that's what matters.

I could give a happy rats..behind... about spelling. Unless someone makes a comment about it and can't spell themselves.

Now that I look at previous posts...I realize that Candice was not making an observation on spelling. She was making a tounge-in-cheek comment. I apologize to the both of you for my misunderstanding.

When I am wrong...I say I am wrong. My apologies.

 

[BL]

First of all i want to say to CandiceH that i'm sorry i let everyone picked on you the right person for my comment should have been [B]stickeyfingers[/B],i over looked cos he quoted from something you said but yes he or she was the one that had a big thing about my spellings .Any way we are all here to help each other right?that's what matters.


Now my mext qustion is :Can i change my grounds for divorce from adultery to something else? See the problem is i already submitted my papers to the judge and she dinied it cos i didnt have enough proof so i'm wondering if i can change it into something else.

Also some where on the forms it says"ATTACH A CORROBORATING AFIDAVIT OF A THIRD PARTY WITNESS OR OTHER ADDITIONAL PROOF?What does this mean?
does it means that if i have a witnesswho saw this with me can be my proof? and how? on a piece of paper or a special forms from the court for this proof? THNX PEEPS

I couldn't answer your questions , but maybe you could answer my previous question , which was and still is , did the spouse sign the UD7 ?, and was it submitted to the Court ? You said you did the packet , as I did as well .