Posted by: Cybil | 2010-03-29

Advise required: Re: Divorce

My husband filed Divorce at the family court. He has an attorney. I can''t afford one. To date FA meeting was held and I am awaiting report back... I know that the minor will be with me as he was asked at this meeting. In my plea I reported that my husband had numerous affairs during the marriage (21 years of marriage). Also stated that he was abusive. I did get an interdict against him preventing him from assualting me, that was 15 years ago. Although I know he was served the interdict by the sheriff he is now denying this.
His attorney has stated that they require proof of the affairs and assault. He has previously confessed to two affairs. How do I use this verbal confession. Also can I request, as discovery on oath, itemised billing on the various cell phone numbers that he is using to assist as proof... Can I state a list of items and ask him how he came into possession of these or the whereabouts of these.
With regards to the interdict will I be able to obtain from the court the document where he signed receipt of the interdict delivered to him by the sheriff.
Please assist.

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Our expert says:
Expert ImageFamily law expert

A verbal confession is admissible, however, difficult to prove, simply because of his word against yours, but certainly the surrounding evidence might be an indication to the court that he was indeed guilty of the alleged affairs. So, ask for the phone bills, bank account etc. to be discovered. You will need to approach the court where you issued the interdict and search the records of interdicts during the period that you launched same. There will be a case number attached to the interdict.

Feel free to contact me on should you need any further advice.

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