Adultery


#1

This is in NC? He had the affair in January or you discovered it in January? You filed for separation in May after finding out about this affair and one of you moved out beginning the separation? I would look into suing her for Alienation of Affection, or Criminal Conversation since he had the affair while you were still married. If they are still in contact, and have been the whole time, it could show that there was no attempt at reconciliation on his part. If you have proof of the adultery, you could talk to the DA about what can be done. Adultery is illegal in NC. I know that since NC is a no fault state this information will only be helpful in almony and possibly equitable distribution…
I think there was another post similar to this previously…about using evidence of a previous affair with a reconciled marriage and then affair occured again with the same person…Maybe an attorney will answer this.


#2
quote:
[i]Originally posted by stepmother[/i] [br]This is in NC? He had the affair in January or you discovered it in January? You filed for separation in May after finding out about this affair and one of you moved out beginning the separation? I would look into suing her for Alienation of Affection, or Criminal Conversation since he had the affair while you were still married. If they are still in contact, and have been the whole time, it could show that there was no attempt at reconciliation on his part. If you have proof of the adultery, you could talk to the DA about what can be done. Adultery is illegal in NC. I know that since NC is a no fault state this information will only be helpful in almony and possibly equitable distribution... I think there was another post similar to this previously...about using evidence of a previous affair with a reconciled marriage and then affair occured again with the same person...Maybe an attorney will answer this.

#3

It is in NC–I discovered it in January–no proof of how long–only a couple of instances with in 2 wks. He did not move out, but we had not slept and still are not sleeping in the same room. He will not leave.

[br]This is in NC? He had the affair in January or you discovered it in January? You filed for separation in May after finding out about this affair and one of you moved out beginning the separation? I would look into suing her for Alienation of Affection, or Criminal Conversation since he had the affair while you were still married. If they are still in contact, and have been the whole time, it could show that there was no attempt at reconciliation on his part. If you have proof of the adultery, you could talk to the DA about what can be done. Adultery is illegal in NC. I know that since NC is a no fault state this information will only be helpful in almony and possibly equitable distribution…
I think there was another post similar to this previously…about using evidence of a previous affair with a reconciled marriage and then affair occured again with the same person…Maybe an attorney will answer this.
[/quote]


#4

In that respect then you are not separated. An attorney would have to answer this because I would think that if you haven’t separated, you could not reconcile. If you have proof of the affair then you can file for divorce from bed and board and he can be “forced” to leave. I’m not sure how the court would look at the last 10 months after you discovered his marital misconduct…your lawyer may mean that the court would look at this situation as you “forgiving” him since you did not separate, which would affect claims for alimony and possibly equitable distribution.


#5

Dear dkperry:

Greetings. Marriage counseling alone is not considered reconciliation. Did you remain living together? Even if your husband is not calling her, how long are they talking on the phone? How about just sending her a cease and desist letter? Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

I discovered that my husband was cheating on me in January with a woman whom he deals with thru his work–she is a supplier to the company he works for. I filed for a divorce in May, however shortly after, we went to marriage counseling and I was told by my lawyer that my proof of adultery was no good since the marriage counseling was considered reconciliation. I recently hired someone to get her cell phone records and work phone records. She is obviously calling him, but there is no proof that he is calling her. Can this be used as proof that the affair is still going on if I file for divorce again? Is he allowed to talk to her for a working relationship?