My husband and I have been married for 7 years. He has a co-worker that has repeatedly sent him inappropriate and sexual text messages. Initially, I assumed she did not know that he was married, therefore, I intervened and personally informed her of his status. After doing so, I requested that she no longer contact my spouse as this would cause problems. Afterwards, I no longer saw messages from her, and I did not see her number on our phone bills any longer.
Several months later, I noticed she was sending him a message over a gaming application, that could not be detected on our phone bill. Once again, I tried to handle this tactfully and threated to sue her for interfering in our marriage… To no avail, she is still at it, and here we are agaiin!
This woman is attempting to destroy my marriage, by enticing my husband into an affair with her, if it has not occurred already. I notice a significant change in my husband’s behavior toward me, when she is sending him texts and calling. Can I pursue the alienation of affection and criminal conversation path for this type of issue or is there another avenue that I need to consider? I kept copies of phone bills and screenshots of her message as proof of my claims.
We are not separated, as of yet, and we live in the same home. However, her continuous pursuit and enticement of my husband will cause us to separate and part company. What are my options?
Yes, you can pursue an alienation of affection claim and criminal conversation claim against the woman. However, you should be separated to help prove the alienation of affection claim and to help prove that she interfered and caused the destruction of what was a marriage with genuine love and affection, although separation is not a specific element to prove.
Continue to document and save as much evidence as you can in the event you need it for separation/divorce purposes and/or an alienation of affection claim.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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