Yea, I think the point is, they will brainstorm explanations and denials, and two smart people backed into a corner (without any morals) will likely come up some pretty good stories.
GD should be ready for that.
DB or Infidelity?
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GD should be ready for that.
Folks, slow down.
GD has a prenup. I assume that proof of infidelity provides him a better outcome in divorce. If his lawyer proves she was pregnant by another man, he establishes the predicate for the prenup.
His wife is a proven liar. It is highly likely she denies adultery. Evidence of an abortion would be relevant in proving adultery. Subpoenas are issued routinely in civil cases. I repeat -- they are routine.
It may be that a provider who is served a subpoena may be required under Canadian law to seek a judge's order before releasing the records because of privacy concerns. Still, unlikely to be a big deal. Just a quick hearing. But all this is going to be handled just fine by GD's lawyer. This isn't going to be a groundbreaking legal issue of first impression. And if it somehow is, I doubt that commenters here will have much to offer to resolve any intricacies in Canadian law.
There are lots of possible ways to go about proving infidelity. This would be but one. I'm confident that GD's lawyer will be up to the task.
GD has a prenup. I assume that proof of infidelity provides him a better outcome in divorce. If his lawyer proves she was pregnant by another man, he establishes the predicate for the prenup.
His wife is a proven liar. It is highly likely she denies adultery. Evidence of an abortion would be relevant in proving adultery. Subpoenas are issued routinely in civil cases. I repeat -- they are routine.
It may be that a provider who is served a subpoena may be required under Canadian law to seek a judge's order before releasing the records because of privacy concerns. Still, unlikely to be a big deal. Just a quick hearing. But all this is going to be handled just fine by GD's lawyer. This isn't going to be a groundbreaking legal issue of first impression. And if it somehow is, I doubt that commenters here will have much to offer to resolve any intricacies in Canadian law.
There are lots of possible ways to go about proving infidelity. This would be but one. I'm confident that GD's lawyer will be up to the task.
if she was prescribed the morning after pill, records will show that she was proscribed the pills. Unless they made her take the pills in the doctors office with licensed medical providers inspecting her mouth, it will not show that she TOOK the pills.
And if she was tested and determined to be pregnant, without a DNA test or DNA testing of fetal tissue, it could not be determined that it was another man’s baby.
she could just say that she was pregnant with GD’s baby but they had previously chosen to not have kids and they were having marital issues so she aborted on the down low.
or she could say as countless generations of pregnant women have done before her and say that she had an early spontaneous abortion.
without DNA testing, there is no way to prove it was McD’s baby and not GD’s.
this was likely no accident on her part. It is very common for WW’s to have sex with the BH shortly after and often immediately after getting down with the OM for this very reason.
I would assume, but I don't know Canadian law. GD mentioned his prenup. I would guess his attorney thinks it might matter.
It would certainly seem so. In many jurisdictions, the WW would be entitled to about 1 1/2 years of spousal support. Given the fact that she works and there is a prenup of sorts, it is possible that her spousal support would be quite minimal. Depending on how much wealth was accumulated during the short marriage, she could possibly be entitled to half. Again, the prenup may have a say in that regard. If GD comingled his separate property with that of the WW, that could present a problem. Not knowing the details and the applicable law, it is difficult to estimate GD's exposure. But, typically, most short marriages would not result in a horrible economic hit to either party. Only DG and his attorney know the details. If the financial exposure is quite limited, it behooves GD to move forward ASAP to end the marriage. He knows she cheated. If more investigation is warranted in order to conclusively show that there was infidelity for the sake of the prenup, so be it. But, if not, It would be appropriate to serve his WW with papers upon her return if everything else is in order.
Old Shirt,
Can't imagine anyone would claim that an abortion by itself is definitive proof. It is however, relevant and material. The addition of the photos of the visit by McD lend credence. It also provides a predicate for the possible use of the recording (problematic as that may be).
Remember that civil cases don't require a criminal standard of proof. Just that something is more likely than not. The judge could very well agree, without any other evidence at all, that the abortion plus visit by McD makes it more likely than not that she cheated.
But GD's attorney would likely have lots more evidence if this issue comes up.
Can't imagine anyone would claim that an abortion by itself is definitive proof. It is however, relevant and material. The addition of the photos of the visit by McD lend credence. It also provides a predicate for the possible use of the recording (problematic as that may be).
Remember that civil cases don't require a criminal standard of proof. Just that something is more likely than not. The judge could very well agree, without any other evidence at all, that the abortion plus visit by McD makes it more likely than not that she cheated.
But GD's attorney would likely have lots more evidence if this issue comes up.
I get that.
my point is the unlikelihood of a subpoena being issued for her medical records.
if this is handled well by GD’s lawyer, this case will never even go to a court.
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Ok so, a few points. GD is in Canada. First, we are not a litigious society like our cousins to the south. There are limited lawsuits that can be filed. Compensatory damages are usually judged, punitive damages are not so common, yes they are available, but I have rarely heard of them being awarded in anything other than a breach of contract situation with an absolute scoundrel. Second, yes abortion is legal in Canada. However, the process of obtaining foetal cells would involve essentially a court order to seize and there may be problems with that. There have been several cases involving the constitutionality of siezing foetal tissue. Once again, we look the same, but we are another country. I'm absolutely certain that the few angles that I know and have seen are in GD's lawyer's arsenal. I have seen some of the more high profile guys in action. If GD has hired any of the ten or so that I know of, his wife and the OM are in for a level of hell they had never imagined.(remember folks, this is a lawyer going after one of his own kind, this is where a ton of personal relationships are broken. These guys drink and socialze together, and then tear each other's throats out in court and in practice-they are called sharks for a reason)
Unless it’s in the prenup, I believe she’s entitled to half the full value of the house upon marriage. Matrimonial home is treated differently than other property here.
Hire a private investigator then an attorney if needed. That’s what I’d do before you gets AIDS or something.
If my wife spied on me and found out I was faithful I would be proud. Wouldn’t bother me.
Why ask her if she’s cheating if you trust her?
What kind of marriage is it if you have to ask your spouse about cheating? A marriage is based on trust, right?
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5,832 Posts
Done and done.
You should get caught up before posting, lol. A lot has developed since the OP.
PI and VAR found
Wife cheating with boss
Pregnant, 99% sure with boss's baby
May be getting an abortion as we speak to hide it.
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46 Posts
Unless I'm mixing up threads, he owned the house before he married her, and she moved into it. So it's his house, in his name only.
My biggest concern is getting her out of that house. I know nothing about tenancy rights and laws in Canada. I can tell you they vary greatly down from state to state here in 'Merica.
ETA:
Found it on page 43 in post #793 . Yeah, he owned the house free and clear before he married her.
"...I was very canny to protect myself in our pre-marriage agreements. My absolute most precious asset is the house, which I bought years ago, long before meeting my wife, and had just made my final mortgage payment before I married my wife. So, I have no worries there. "
What if it's a pre marital asset?
Doesn’t matter. Not sure how it might vary by province though but suspect it’s similar.
Matrimonial Home | Divorce Money and 20 Ontario Wisdom bits
Matrimonial Home; Gail Vaz-Oxlade on the matrimonial home in Ontario Typically the family home is sold – either to you, to your spouse or to a third-party.
www.commonsensedivorce.ca
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Ouch, yeah, that article hurt. Especially:
3. YES Once your spouse moves in, the house is instantly considered the matrimonial home. It doesn’t matter if you bought the house before you were married.
4. NO You don’t get credit for the value of the matrimonial home before marriage. The matrimonial home is given special treatment and you cannot deduct the pre-marriage property value, as you would with other assets.
This:
"I was very canny to protect myself in our pre-marriage agreements."
and this:
11. YES The matrimonial home is always divided unless you have a marriage contract that deals with the matrimonial home differently.
give me hope that she can't come after his house.
I'm thinking McCan'tKeepHisDickInHisPants may be a real estate attorney, but that's just a wild-azzed guess.
3. YES Once your spouse moves in, the house is instantly considered the matrimonial home. It doesn’t matter if you bought the house before you were married.
4. NO You don’t get credit for the value of the matrimonial home before marriage. The matrimonial home is given special treatment and you cannot deduct the pre-marriage property value, as you would with other assets.
This:
"I was very canny to protect myself in our pre-marriage agreements."
and this:
11. YES The matrimonial home is always divided unless you have a marriage contract that deals with the matrimonial home differently.
give me hope that she can't come after his house.
I'm thinking McCan'tKeepHisDickInHisPants may be a real estate attorney, but that's just a wild-azzed guess.
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