DNA, in New Twist, Enters Divorce Court - 12/28/00

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subject: DNA, in New Twist, Enters Divorce Court

from: Smart Marriages

DNA, in New Twist, Enters Divorce Court
http://www.nytimes.com/2000/12/28/national/28DNA.html

December 28, 2000

By THE ASSOCIATED PRESS

WEST PALM BEACH, Fla., Dec. 27 (AP)   A woman divorcing her rich
husband is using DNA in an effort to prove he violated a
no-cheating clause in their prenuptial agreement, a finding that
could mean millions of dollars for her.

 The woman, Nanette Sexton, said she found clues that led her to
believe her husband had a tryst at his farm in Vermont. She had a
laboratory examine the sheets for traces of DNA.

 A test report filed in court last week said the sheets contained
DNA from two people, one of whom was likely to be her husband,
Richard Bailey. Ms. Sexton's DNA was not present, said Joel
Weissman, her lawyer. Despite protests of harassment and invasion
of privacy from Mr. Bailey, a judge ruled that the DNA test could
produce admissible evidence.

 While DNA testing is commonly used to solve crimes and to confirm
paternity, lawyers said this was the first case they had heard of
in which DNA was used to try to establish infidelity in court.

 "I got to give credit to the ingenuity and quick thinking of the
spouse," said Robert Shalhoub, a divorce lawyer. "I think it's a
great move." 
 
     
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