Nick Cokas claims Katharine McPhee did cheat as his divorce papers suggest the pair separated seven months AFTER she was seen kissing Smash director Michael Morris
She says they were separated when she kissed another man, he claims they were not.
And Nick Cokas claimed to have plenty of evidence to prove that he and his wife Katharine McPhee were still together when she was pictured kissing her Smash director Michael Morris in October last year, after he issued divorce papers with contradictory dates to hers.
Katharine's initial papers, issued in May and obtained by TMZ, state that the couple had split seven months prior to the kiss, but now Nick has disputed the timings, claiming their separation followed seven months after.
Separated: Katharine McPhee and Nick Cokas find the date of their separation to be a point of contention in their divorce
According to Katharine's account of events, she and Nick (who have been married for seven years) parted ways on 15 March 2013.
Nick has since filed for divorce under contradictory papers, which state that the real date of separation between he and the 30-year-old actress was in May 2014, with emails and texts between the two acting as evidence that the pair were still together when she kissed Michael in October 2013.
There are also sources who claim that the couple were in marriage counselling to save their relationship.
The kiss: Katharine was pictured kissing her Smash director Michael Morris in October, six months before the pair separated, according to Nick's divorce papers
Katharine worked with director Michael between 2012 and 2013 while they worked together on the NBC US television series, with Katharine starring as Karen Kartwright.
After a lunch together in Los Angeles at the end of last year, the actress was pictured with Michael, with her wedding ring noticeably absent from her left hand and sources telling MailOnline that the pair were 'dating'.
If Nick's reports are found to be true by the courts, Katharine did cheat on her husband while they were married.
Happy Families: Michael Morris and his wife Mary McCormack have stayed united through the alleged scandal, staying together for the sake of their two children
Split: Nick and Katharine had been married for seven years before they were separated, but they now don't seem to agree on the date that they parted ways
But Michael himself is not a single man, and has a wife of ten years and three daughters, though the couple have seemed to stay together since the alleged scandal.
The date is under contention because it determines whether the money that Katharine has made since the alleged date of separation can be granted to her, being considered solely hers.
Katharine has been hard at work promoting her new CBS show Scorpion, which premieres in September, taking her mind off the divorce drama and cheating allegations.
Divorce: The couple were said to be having marriage counselling, according to Nick's divorce papers
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