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my question is, is the recording I have enough to charge him with adultery, and If so, is he still entitled to half of my asset

| Feb 19, 2016 | Uncategorized

Q: My husband who I’ve been married to for 13 years and have a child with was unfaithful to me on numerous occasions. I recorded him admitting to his numerous affairs, he even told me that I could record him. I have a home which I purchased before I met him, but I did put him on the deed when we refinanced the house, I’m a NYPD Police Officer and am concerned about him getting half of my pension. He owns a heating business but spends most of the earnings. He doesn’t want a divorce, wants to work things out, even volunteered to put in writing all his indiscretions and is willing to give up his rights to my assets if in the future I catch him cheating again. Would a notarized letter from him stating this be enough to keep him from getting my assets.

A: David’s Answer: Adultery is still a crime, but rarely prosecuted. If he’s already willing to agree to a settlement, then getting him arrested may change his mindset. Perhaps better to actually retain counsel to draft the agreement. Call a Westchester Divorce attorney to schedule a consult for a full assessment. – David Bliven, Westchester Divorce Attorney.

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