Alienation/CC w/ open marriage


#1

Married 16yrs in an open marriage. Was seperated for 2 yrs with no sep agreement (Oct 2006-Oct 2008). I was granted an uncontested divorce after 2 yrs on (Oct, 08). (We are still going through equitable dist.) Ex- Husband and I had extra marrital relationships and knew about them, during our marriage and seperation. My ex filed an AOA/CC 18 months after our divorce on April 2009, saying that my boyfriend destroyed our marriage on information and belief. He started out Pro Se and had it continued to have time to hire an atty. My boyfriend was also Pro Se. The judge dismisssed it w/out prejudice since his atty had only been retained 5 days prior and not prepared. The Judge said he has up to 1 yr to refile (April 2011), which my ex says he is going to do. Question: Does an AOA/CC case stand a chance in court if my ex clearly consented to the relationship but was just unhappy with the outcome? The discovery process was never done so evidence was never brought forth. I can prove open marriage thru videos/pics. There is no proof of a sexual relationship between my boyfriend and I, but I can prove his consent of the boyfriend relationship via friends testimony and his diary/journal entries, which he gave to me before we seperated to let me know how he felt. He clearly states in the journal how he regrets allowing me to have sex with others and should of stopped it sooner.

Secondly, Since our seperation period was Oct06-Oct 08. Is there a statute of limitations on filing adultry charges on the women my ex had sex with during our seperation period? I was wondering since I haven’t filed anytning to date if the Oct 09 ruling applied to me or not since our seperation perioed was Oct 2006-2008?
Your response to this messy situation is appreciated…Grace3


#2

If the 3rd party destroyed the affection of the marriage a claim still does exist. Strictly speaking alienation cases do not have an element of proving the spouse did not consent to the relationship, though I would say your spouse’ chances of proving a happy healthy marriage are hugely diminished based on the seemingly unhealthy status of the marriage at the time.

The statute of limitations on AA/CC claims is 3 years.