Honesty


#1

Dear plm1966:

Greetings. First, adultery is a crime in NC. Next, if you are not in court, then you are just wasting your time asking for records that no one is going to voluntarily provide to you.

Typically, lying about an affair has little to no bearing on whether or not you are a good parent. The affair would have to affect her parenting abilities for it to affect custody.

No, I don’t know what ramifications exist for the state providing her funds for a trip.

You are correct that working things out with someone that cannot tell the truth is impossible. I wish you luck. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks for the information. I was curious as to what options I can have now that her atty. has decided that threat of a trial is the best way to move things saying that she would hurt my reputation, but she seems to forget that I am not the one who is lying. Also they are trying to force a psychologist of there choice down our throat that has been seeing my wife for a year, if we do not agree to her they are indicating that everything they agreed to is off. Also they have said the the $200K difference in life ins. ( i have more) is not something they will discuss until i agree to there dr. They also want to discuss dist. of prop. now, if I understand I do not have to deal with any of this now, as we are still finding many “surpirses” and want to have the full amount available to do this. I understand I do not have to sign anything, just agree to it, correct. What are the ramifications of me not signing anything, my word is good.

Patrick Maginnis


#3

Dear plm1966:

Greetings. Do not let the threat of court scare you into agreeing to all of their terms. The worse thing that happens with court is usually higher attorney fees, but that will be both of you paying higher attorney fees, not just you. If they consistently use court has a threat, then it is time to say “go ahead and file” and call their bluff since she apparently stands to lose more from going to court than you do. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

As we are trying to work thru the first steps of the separation process I am having issues with her honesty. She committed adultery and was prepared to lie about thru the whole process (she had lied about it for 3.5 months until she got caught) and now I discovered that phone calls to this person since Dec. 2003. She claims they were “innocent” phone calls and that they were nothing else. there are also a pile of e-mails after the fling. She admitted the idea of moving 1,000 miles away with the kids to where he is crossed her mind (not seriously according to her), but I have no idea if this true. She insists that i sign a third party waiver and that adultery is not a crime and is still lying to everyone when they asked if adultery is involved, actually hintng to some that it was me if there was. I am very concerned about what are young children will learn from this example. How far can i go to get all the phone records and e-mail records her work phone (she is state employee) and his records, can i ask for them to be volunteered first and then go from there. Also if she is lying i think she is can this impact custody, as her father also did this and she following the exact same pattern. Also do you know what ramifications there could be for her if the state finds out the funds they provided for this trip we also used for this act.I want to try and work things out (i think), but without her being honest it may be impossible.

Patrick Maginnis