I have been sued for Alimony by my STBXW.
She had an affair. I have emails where she and the paramour profess their love for each other, along with other information showing “inclination”.
I can show “opportunity” as well. My STBXW and the paramour met in a hotel room- she admitted under oath that they were alone in the room together for hours. She denies that she had sexual intercourse in the room.
For PSS, the judge bought her story and declared that she did not commit adultery, based on her word alone. Can a judge also rule that she didn’t commit adultery for an alimony decision, even if the “inclination and opportunity” standard is met for proving adultery? I find this very confusing. I didn’t think a judge could just say, “I believe that she is telling the truth even though there is a ton of evidence showing otherwise.”