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State Support Forums >> Pennsylvania
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Spadea
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Reged: 12/06/07
Posts: 33
Loc: Suburb of Philly
Adultry in PA
      #160407 - 12/06/07 03:15 PM (66.252.101.106)
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I filed for divorce in September. Prior to I not only have proof via phone records and text message logs but also have a complete breakdown of the details and activities given to my in writing by my wife of her 5 month long affair. We went to months of marriage counseling which did not work since the affair was on-going and still continues to this day. There are two young children involved and she has already involved them on numerous occassions with her boyfriend.

I am pretty well versed with the PA divorce laws but does any of this help me with either alimony, child custody, asset division or the likes in the divorce? She also "stole" thousands of dollars out of our joint checking account to pay for her own material items and have left us, pretty much near bankruptcy.

At $450 per hour, I was wondering if anyone could help me versus spending this amount with my attorney to get his advice. Thank.


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menace
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Reged: 12/28/07
Posts: 9
Re: Adultry in PA [Re: Spadea]
      #165786 - 12/28/07 09:17 PM (71.182.160.203)
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From my experience(same deal as you) it will hellp you when it comes to alimony. If you can provide info about the cheating(i.e pictures, emails...)then you should now be paying her APL not alimony. Reason being,after divorce is final she is no longer able to get APL-because of the adultry. Alimony she can get, but APL she cannot. As for custody-each case is different, I doubt the adultry will help but it sure wont hurt. Hope i helped out.

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Spadea
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Reged: 12/06/07
Posts: 33
Loc: Suburb of Philly
Re: Adultry in PA [Re: menace]
      #167313 - 01/02/08 04:08 PM (66.252.101.106)
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The affair is completely documented not only with records but writings she has given to me. There is no question. How can I get out of paying alimony? I assumed allimony was a guarantee no matter what the circumstances, especially since she is a stay at home mother.

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menace
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Reged: 12/28/07
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Re: Adultry in PA [Re: Spadea]
      #167375 - 01/02/08 08:10 PM (96.236.159.229)
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Do you pay her any type of alimony at all? Do you pay alimony pendite lite?

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Spadea
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Reged: 12/06/07
Posts: 33
Loc: Suburb of Philly
Re: Adultry in PA [Re: menace]
      #167467 - 01/03/08 12:19 AM (71.224.241.48)
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Not at the alimony stage as of yet. I pay the mortgage, credit lines, insurance and school. Also have been giving her $3500 a month in support/custody payments. I have paid $2500 for her attorney's retainer fee.

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menace
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Reged: 12/28/07
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Re: Adultry in PA [Re: Spadea]
      #168222 - 01/05/08 07:53 PM (96.236.158.83)
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Why did you pay her atty fee? My stbx took me to domestic courts while I was paying all the bills. So i was ordered to pay spousal support and child. Once the divorce is final she will lose the spousal support because of the adultry. She will not get alimony after the divorce and Ive been married for 9 1/2 yrs. So your case seems to be a little different.

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Spadea
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Reged: 12/06/07
Posts: 33
Loc: Suburb of Philly
Re: Adultry in PA [Re: menace]
      #168593 - 01/06/08 11:01 PM (71.224.241.48)
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No allimony after the divorce is final? Can that be true. She is a professional stay at home mother who never stays at home but choses to have babysitters raise our children. Just so frustrating that I have to pay to enable her to live her lavish lifestyle. For Christmas she bought herself (with the money I gave her for the month) a $572 purse for which I have the receipt as proof.

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menace
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Reged: 12/28/07
Posts: 9
Re: Adultry in PA [Re: Spadea]
      #170060 - 01/12/08 10:47 AM (96.236.158.83)
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From my understanding, there will be no alimony after the divorce because of the adultry! However she can drag the divorce on so that you continue to pay. Are you paying alimony or APL? There is a difference. Im paying APL meaning at the end of the divorce she will no longer get spousal support. My STBX did the filing but wont sign the papers, how bout that!

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Spadea
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Reged: 12/06/07
Posts: 33
Loc: Suburb of Philly
Re: Adultry in PA [Re: menace]
      #170438 - 01/14/08 01:04 AM (71.224.241.48)
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I am currently paying support and other expenses such as the mortgage, health care, childrens school, etc. It worked out to exactly 110% of my income and we are working on getting that changed with the help of a new attorney. I just cannot imagine that, beyond child support and asset division she would be entitled to alimony as well. I believe I understand that alimony is not to be used as income from which to live but to be used as support to help supplement her expenses until she can find a job. She has plans to remain a stay at home mother for the next three years and I don't understand why I should be on the hook to pay for this, especially in light of her long-term affair.

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menace
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Reged: 12/28/07
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Re: Adultry in PA [Re: Spadea]
      #170882 - 01/15/08 06:06 PM (96.236.158.83)
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If you have children under 5 yrs of age she is not required-once again by our great state law- to get a full time job. Total horsesh!t. Ive learned what is sensable is not the law.

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2112
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Reged: 02/18/08
Posts: 24
Re: Adultry in PA [Re: menace]
      #179353 - 02/18/08 01:26 PM (65.244.148.222)
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correct me if im wrong, I belive Pa is a no fault state.

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lrk1
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Reged: 10/17/07
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Re: Adultry in PA [Re: 2112]
      #180835 - 02/23/08 12:54 AM (76.5.121.82)
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You are wrong. PA is a "fault" state, however you must have proof.

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Spadea
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Reged: 12/06/07
Posts: 33
Loc: Suburb of Philly
Re: Adultry in PA [Re: lrk1]
      #181055 - 02/24/08 02:24 AM (71.224.252.204)
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I have plenty of proof of the affair including her admissions in writing. I have more than enough documentation of the where, when, how long, etc. I even have documentation from the babysitter she used detailing her ventures outside the home, phone records, text messages, notes, credit card receipts, a detailed time line from her. And you know what this means, absolutely nothing. No one ever files for a fault divorce in PA i guess it just never happens. It could take years, from what I am told and is basically frowned upon by the court systems.

Which leaves me where I am today, $40K in debt, paying her over $8k per month in CS, Spousal Support, mortgage payments, childs tuitions, Home Equity Credit Lines, etc. which currently equals 114% of my monthly salary. I live in a one bedroom apartment I rent from a friend at a huge discount, she lives in a six bedroom home which is currently on the market for $1.2 million which should have been on the market months ago but she choose to interview five separate Realtors until she found the one that she approved of. She refuses to sign the tax return which will cost me an additional $7702 between the difference of my refund and what I will owe filing separately.

She has primary custody of the kids but over the last three weeks, I have had them 42% of the time, her 34% of the time and the remaining time they are with babysitters and a daycare - did I mention to you she is a "Stay at Home Mother" who is so struggling that she just hired a personal trainer at $1200 per month? She bought herself a $572 purse for Christmas, went on a ski vacation and paid for herself and her boyfriend (not the one she had the 7 month affair with, yet a new one to introduce to our children). And to top it all off, in the three weeks we have had an actual custody order in place with the courts she has violated the "right of first refusal" for overnight visits twice and two other clauses at least once - and laughs in my face when it is brought up in the course of conversation.

To make things even better, I am not allowed to enter the house without her permission -which she no longer gives me under any circumstances and over the last two weekends has been taking all of the possessions out of the house to be stored at her parents house because, as she tells me, everything in the house is currently hers and until the courts tell her to divide up the assets she will continue to take them home until there is nothing left but the cat.

Sorry to vent, but this is not exactly what I signed up for when I could no longer take the fact my wife had a boyfriend with a 1-yr. old and 4-yr. old at home.


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lrk1
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Reged: 10/17/07
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Re: Adultry in PA [Re: Spadea]
      #181219 - 02/25/08 12:00 AM (76.5.121.82)
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I in the same boat as you, divorcing because my STBX had an affair (and still going on). I filed no-fault, however my lawyer said that it will all be brought up in court and will have a bearing as far as custody and settlement, so it really isn't necessary to file At-Fault. I guess I am a little confused as far as where you are in the divorce. I assume you went to domestics for the custody and support, but have you settled yet? Feel free to Private message me if you want to discuss any further.

You might want to post on the main boards, all you have to do is sign up. There are alot of people that can give you good advice and support.


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Spadea
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Reged: 12/06/07
Posts: 33
Loc: Suburb of Philly
Re: Adultry in PA [Re: lrk1]
      #181222 - 02/25/08 12:24 AM (70.16.158.48)
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Relatively far along. Been to domestic relations where all they do is review your tax return, mine was from 2006 where I made $20k more than I did in 2007. I am on the hook for the entire mortgage, home equity and pre-school payments plus another $2587 for CS and Support. Our support meeting in front of the court is scheduled for March 3rd and at least I am able to present evidence at that time. We did the mediation without success, and at the custody concilation meeting I got hammered because she is a stay at home mom, living in a huge house which I pay for and because of the kids ages they though it was best that she get primary custody even though I asked for joint custody. Not only has she already violated the court order on three separate occassions in less than three weeks, I was informed this evening that she will be taking a vacation Wednesday-Sunday and that I can either have the kids or they will be staying elsewhere during the time when she is away. Now I have to take the kids over a five day period and still try and work during this time. Meanwhile she will be spending well over $1500 on her vacation of which I financed entirely. She even went as far to tell me she purchased the airline tickets for her new boyfriend. Knowing what I know now, I am not certain what I would have done.

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lrk1
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Reged: 10/17/07
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Re: Adultry in PA [Re: Spadea]
      #181421 - 02/25/08 10:36 PM (76.5.121.82)
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Haven't been to domestics because he won't leave so I haven't been through what you have been through. I would just try to hurry the divorce along as fast as possible. I am sure that you will be required to sell the house unless she is able to buy you out, which doesn't sound possible. Does she live with her boyfriend? If she does that might come into play with the spousal support and CS. If you haven't already I would get the discovery process going. He hasn't given me what we requested so we are taking him to court. If you don't mind me asking, who filed first?

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Spadea
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Reged: 12/06/07
Posts: 33
Loc: Suburb of Philly
Re: Adultry in PA [Re: lrk1]
      #181559 - 02/26/08 02:09 PM (66.252.101.106)
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I filed everything first, divorce for custody, etc. She does not live "full time" with her boyfriend and the custody agreement does not allow overnight visits while the kids are there - which has been violated almost daily. The house is on the market to be sold but in a soft Real Estate market, it could be months.

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