Alienation of Affection and Criminal Conversation


#1

First question: “Can you lay out a minimum of a $2,500 retainer to an attorney?”

If you can’t, then I’d advise dropping the matter. These cases easily run into the realm of $10k and up. Yes, you can always represent yourself to bring a suit in court, however, there are a lot of details to prosecute that would be difficult for someone to do on their own, much less counter any opposition from her attorney. The process of discovery could easily take a year or so.

I’m sorry this has happened to you. I think it’s part of the problem when there is a stay at home person in a two-income society. That situation tends to cause a lot of problems, especially when there begins to be financial trouble in the family.


#2

I can’t right now. We are spending more than she makes at the moment.
Maybe after the divorce, I cant net some funds. Can I sue at that time? Also, most of the debt is in her name - credit cards, mortgages, car loans, etc. We could have a little equity in our house and she has about $70k in a 401(k) and some pension (not drawing it, still working). Do we net out the assets minus the debt, or do I get half or so of the assets?

quote:
[i]Originally posted by athos[/i] [br]First question: "Can you lay out a minimum of a $2,500 retainer to an attorney?"

If you can’t, then I’d advise dropping the matter. These cases easily run into the realm of $10k and up. Yes, you can always represent yourself to bring a suit in court, however, there are a lot of details to prosecute that would be difficult for someone to do on their own, much less counter any opposition from her attorney. The process of discovery could easily take a year or so.



#3

You have 3 years from the date of alienation or proof of criminal conversation to prosecute.

Equitable distribution of assets/debts means that these things will be distributed equitably but not necessarily 1/2. Meaning, if she makes more income, she most likely will take a greater share of both the assets AND the debts.

Now, since you were a stay at home dad, you were a dependent spouse and as such are entitled to alimony. If you can prove marital fault, then you must be given alimony, but the amount is up to the courts to decide. If you wish to apply for alimony, it must be done by the time of the divorce.

Having said all that, it sounds like her major complaint is that you aren’t (aren’t able) to contribute to the financial support of the family. How much have you tried to reconcile, and is she willing to attempt to work on the marriage? Hard times makes for difficulties in any marriage.


#4

In order to file a lawsuit for Alienation of Affection and criminal conversation you need to prove that you had a happy marriage and that if it was not for this thirty party you would have continued to have a happy marriage.

Do you know if this person ever met with your Wife in this state?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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Attorney with Rosen Law Firm

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#5

What do I need to prove this when I sue for divorce?
Her former lover lives in Tennessee and they mostly had an online affair. I did get a text file that was in her recycled folder on her computer. I also have an printed chat session scanned to a pdf file.
Can this person be subpoenaed even though he lives in Tennessee.
Also, she wants to divorce me because I have been a stay-at-home dad for a number of years. Then I tried to make a go of it at real estate.
I waited to long to quit and try something else and now she thinks that I am with her because I can’t support myself. So she wants to throw me away like a piece of trash! I don’t know what to do.