Husband who used iPad to catch his wife cheating, could face up to 15 years in prison

TheWorm said:
I don’t know where the common misconception comes from that a spouse’s infidelity matters in divorce proceedings, but I’m sorry to burst your bubbles: it doesn’t.

The wife could’ve been going to Rawdog City with her boss for years, and it doesn’t matter. She can still take her half of the matrimonial property and potentially qualify for alimony if their respective financial circumstances warrant it.

Now the odds are that he won’t have to pay alimony, and I say that for two reasons: we know from the story that she’s got a job and earns her own living, and secondly, if the husband is convicted on his criminal charges he won’t be in a position to earn any income for a while and will thus be unable to pay alimony.

However, if he goes to jail then wife’s going to get sole custody of the kids and she’ll be entitled to child support. Womp womp.
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I know that the infidelity doesn't matter- I'm saying that it should matter. If they are married, then she's vowed to be faithful. In my eyes, she's the one who broke the agreement.
 
He should have murdered them both if he's looking at 15 years in jail.
 
TheWorm said:
I don’t know where the common misconception comes from that a spouse’s infidelity matters in divorce proceedings, but I’m sorry to burst your bubbles: it doesn’t.

The wife could’ve been going to Rawdog City with her boss for years, and it doesn’t matter. She can still take her half of the matrimonial property and potentially qualify for alimony if their respective financial circumstances warrant it.

Now the odds are that he won’t have to pay alimony, and I say that for two reasons: we know from the story that she’s got a job and earns her own living, and secondly, if the husband is convicted on his criminal charges he won’t be in a position to earn any income for a while and will thus be unable to pay alimony.

However, if he goes to jail then wife’s going to get sole custody of the kids and she’ll be entitled to child support. Womp womp.
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Maybe its state by state? I'm not a lawyer, I only play one on sherdog, but I've had two guys go through this (both patched shit up) and that is what their lawyers (real ones) told them.
 
pcptornado said:
How is it "unlawful surveillance" when it's acknowledged he tracked them down using a legal device tracking app?

Affair aside, isn't he entitled to find his iPad?

<{vega}>

I would not be surprised to hear this guy gets some time because justice is fucked, but 15 years for a non-violent incident with no theft or anything insidious legitimately makes zero sense.
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I think you can't film people fucking even if one of them is your wife and the other isn't you.
 
15 years!!! For an extra 5yrs, he could've just murdered them both.
 
TheWorm said:
I don’t know where the common misconception comes from that a spouse’s infidelity matters in divorce proceedings, but I’m sorry to burst your bubbles: it doesn’t.

The wife could’ve been going to Rawdog City with her boss for years, and it doesn’t matter. She can still take her half of the matrimonial property and potentially qualify for alimony if their respective financial circumstances warrant it.

Now the odds are that he won’t have to pay alimony, and I say that for two reasons: we know from the story that she’s got a job and earns her own living, and secondly, if the husband is convicted on his criminal charges he won’t be in a position to earn any income for a while and will thus be unable to pay alimony.

However, if he goes to jail then wife’s going to get sole custody of the kids and she’ll be entitled to child support. Womp womp.
Click to expand...
It matters if the state has a fault divorce or no fault divorce. If NJ were a no fault state, then you would be correct. NJ has fault, and the reasons for divorce will totally matter when determining whether or not either party will need to pay alimony or during division of marital assets.
 
pcptornado said:
How is it "unlawful surveillance" when it's acknowledged he tracked them down using a legal device tracking app?

Affair aside, isn't he entitled to find his iPad?

<{vega}>

I would not be surprised to hear this guy gets some time because justice is fucked, but 15 years for a non-violent incident with no theft or anything insidious legitimately makes zero sense.
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I think because he recorded them with his iphone when they were in bed.
 
sub_thug said:
It matters if the state has a fault divorce or no fault divorce. If NJ were a no fault state, then you would be correct. NJ has fault, and the reasons for divorce will totally matter when determining whether or not either party will need to pay alimony or during division of marital assets.
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Fault vs no-fault doesn’t mean that infidelity affects alimony or property division. Fault vs no fault refers to how you can commence divorce proceedings. In a no fault jurisdiction there just has to be a “breakdown of the marriage”, meaning separation between the spouses, but fault divorce requires proving infidelity to get a divorce period.

Most jurisdictions have both fault and no fault, and the difference is in how long you have to wait to have your divorced finalized. If you go the no fault route you’ll have to wait the requisite time (6 months in some jurisdictions, as much as 2 years in others) while filing under fault can allow to divorce to be finalized faster.

While New Jersey does have a fault divorce option for commencing proceedings in court, according to this NJ law firm’s website infidelity doesn’t affect alimony and property division in that state.

https://www.snydersarno.com/blog/2014/01/06/what-role-does-adultery-play-138372
 
plataoplombo said:
15 years!!! For an extra 5yrs, he could've just murdered them both.
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Honestly from the details I would be really surprised if he got anything close to this if convicted, the 15 years is probably a maximum sustenance for something a lot more extreme than this.
 
TheWorm said:
Fault vs no-fault doesn’t mean that infidelity affects alimony or property division. Fault vs no fault refers to how you can commence divorce proceedings. In a no fault jurisdiction there just has to be a “breakdown of the marriage”, meaning separation between the spouses, but fault divorce requires proving infidelity to get a divorce period.

Most jurisdictions have both fault and no fault, and the difference is in how long you have to wait to have your divorced finalized. If you go the no fault route you’ll have to wait the requisite time (6 months in some jurisdictions, as much as 2 years in others) while filing under fault can allow to divorce to be finalized faster.

While New Jersey does have a fault divorce option for commencing proceedings in court, according to this NJ law firm’s website infidelity doesn’t affect alimony and property division in that state.

https://www.snydersarno.com/blog/2014/01/06/what-role-does-adultery-play-138372
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You're correct, although I guess this is a fairly recent trend according to this https://www.divorcenet.com/states/new_jersey/adultery_and_alimony However, it used to be that it would impact whether or not a wronged spouse might collect alimony or receive different treatment in court.
 
TheWorm said:
I just looked into it. Apparently in Georgia infidelity will affect alimony. In Massachusetts it doesn’t though.

So one of your friends got accurate legal advice and the other didn’t.
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Well, they both were able to work it out so I'll keep this to myself until its needed. Cheers.
 
I get breaking and entering, but 15 years is bullshit, wtf!
 
That guy ain't gonna see a blink of 15 years. Hell get a couple two three years of probation and have to go to some group class thing.

It wasn't sexually deviant on his part and there was no violence involved, even looks like the only threat was muttered by the "victim"

Feel bad for the guy, though
 
This is like the opening to Shawshank redemption but in a what if scenario where he didn't clip them both
 
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