Adutlery without legal separation

Also…
Can I make her seeking professional help as a part of my demands should I begin legal actions?

And should I also pursue alientation of affection suit against the man, who it seems clearly set things up for him to move into her life once I was out (and quite possibly before I left)?

A new bit of information has been admitted to me by my wife, who seems to not know the laws on this.

As of yesterday she admitted to me in a text conversation that she is seeing someone. And that is the same someone photographed with her two days after I moved out, the same someone who befriended her and gave her advice on separation and divorce before she asked for it from me. As well, she admitted that they have been having sex since October. I moved out on October 9. She was photographed on October 11 with him, and in one photo they are FAR too comfortable with each other than would be expected for a first date situation.

HOw do these admissions from her inform my possible legal action for Allienation of Affection or Criminal Conversation?

I have heard this. Your wife could be saying all this stuff to get you upset. But, unless you have picture’s or a video tape of them having sex you can’t do nothing. Yes you can get on AOA but you have to prove that your marriage was solid and that the guy is the one who destroyed your marriage. It is going to cost alot of money and will be a very long deal to go through.

I have been in your shoes and still am going through it. Yes, i am almost done. Anyhow, the pain is there and i am sorry you are going through all this. Keep your head up and be strong. Just don’t fight back with her when she starts to talk. Just let the flow of things come in and don’t let her push you around. JMO

P.S. Oh in this state you can date when you two are not together living as husband and wife.

You need to meet with an attorney to discuss all the specifics of your case, and should do so in the near future. Your wife

OK… I now have solid proof that my wife has committed adultery with a much older man, while we have been separated.

He ws out with her two days after I moved out. And I have photos of them in public (at an event) that seem to portray a familiarity that goes beyond this having been a first date.

He met her months before our separation. He lunched with her and gave her marital advise before the separation. And he is sleeping with her now.

She and I have not signed a legal separation of any sort. We have simply talked and worked out our schedule with our son.

However on days that keep our son, she has been seen (and photographed) out on the town, drunk and in compromising positions. As well, she was photographed making out with another woman, whom my son and I returned to her home one morning and discovered that this woman was in bed with my wife.

Recently my wife tried to coax me to sign separation papers, but I refused based on concerns for our son.

It would seem that her new man has a law background and is demanding that they keep their relationship a secret now. (I have found out much though despite his attempts)

My main question here is:

Based on her conduct, the photo evidence, and the adultery, should I be looking for sole custody of our son?
Her behavior since I moved out has become out of control and very self-destructive. I know she keeps it together when she is with our son, but worry about her lifestyle choices bleeding over and having negative effect on our son.

I do not want to see this happen. I want to see her get help and come out of this “new” life she has thrown herself into (a result of many things including turning 30) I think she will eventually get over this phase, and I want to reconcile things, despite all she has done. I just don’t know the logical next step.

Should I push with some legal action? Or should I just start getting a lawyer to help me with the ins and outs of my potential case?