Legal Question in Family Law in New York

Can credit card statements be used as proof of adultry?

If I can get copies of my husband's credit card statements and want to know if the transactions be used as proof of adultry. Buying furniture and making monthly payments but no new furniture was coming to my house.


Asked on 5/20/03, 2:09 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can credit card statements be used as proof of adultry?

New York State is a "Fault" state for the purposes of Divorce. You will be required to plead/claim that your husband has violated the marriage in one of several ways. Adultery is one of them. NY does make this concession to the 'modern' world and the concept of no-fault divorce: to "prove" that he is guilty of infidelity/adultery. Furniture purchases without any furniture deliveries would likely be enough for a judge to conclude that your husband has committed adultery. Another fact that would be sufficient - has he been absent overnight without cause?

However, there are other ways to prove or establish 'fault' for divorce If you truly and completely want a divorce, the lack of sufficient proof will not be a problem. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment - 646-591-5786.

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Answered on 5/20/03, 3:45 pm


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