Alimony trial question


#1

Upcoming trial for Alimony. During the 3 day PSS trial last year the judge listened to evidence about STBX having an affair. He didn’t think there was enough evidence at the time to prove adultery and awarded her $6000 in PSS.

I’m being told now that since the adultery was already heard for PSS trial, that it can’t be relitigated for Alimony trial. Yet I’m also told for PSS trials, affairs should not EVEN be a factor in determining PSS.

The first attorney I had did not introduce ALL the evidence I had for proof of the adultery. He was fired and I hired another lawyer. The new lawyer wants to try the adultery case, but the judge says unless there is new evidence, then he won’t listen to any adultery claims.

Is there anyway we can be sure to get evidence heard again for adultery? I have admission from the paramour that he had an affair (and my daughter was a witness to him telling me this), even though I’m sure the paramour won’t admit it in court. And we’ve got TONS of pbone records prior to her leaving and after…as well as a LOT of pictures of them together and his and her house.


#2

Evidence of adultery can be heard and considered for PSS, but it is not an automatic bar for PSS like it is for alimony. The attorney that you are working with is more knowledgeable about your situation and will best be able to assist you with determining how to have the adultery issue heard.