Q: My wife told me she wanted a divorce recently, we've been married less than a year, but have 2 daughters together.
Her agreement proposed to me for custody only lets me have the kids 6 days a month. I want joint custody. I found out very recently and can prove infidelity starting 2 months into the marriage and a week vacation she took to shack up with the guy, and lied to me and the girls. Wondering if I should confront her with it now, and use it as leverage in reaching an agreement. Or hold my cards close, and how can I use this to make sure I'm given fair custody.
A: I'm going to try to distill the question down to its essence, you and your wife of a year want to be divorced, you have two children together, she has been cheating on you for at least the past 10 months and you want to ensure a fair custody. You have a good number of options in front of you, first you could have your own settlement agreement prepared and presented to her, you could have a contested divorce and either settle, try, or mediate that case. A skilled divorce attorney will be able to help you decide which is a best first step.
You should be in the information gathering phase right now and trying to gather all evidence of her cheating. If you confront her too soon you may not have the opportunity to gather key evidence. You best option is to sit down with a divorce attorney and come up with a plan.
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