You may have a case, but in my opinion it is not worth the effort in this case. What do you want? In 2 years I doubt that you have very many marital assets.
Your husband is probably in big trouble. I doubt that he knows it. Again what do you want? You can’t sue the girls parents. She is a minor. I doubt you will get much traction there.
I think the best course of action is to change the locks on your doors. Tell your husband not to return. Get full custody of your daughter. Get child support. Get post separation support. Get alimony. Report him to the police for contributing to the delinquency of a minor. Do not take him back.
What do I want? Honestly? I think to send a message. Even if the case was eventually dropped. This little girl continuously sends messages to me and pictures that are rather gross. So, I would like to have papers served to her doorstep showing that this is not a matter to play with.
Also-
I know that “Fornication and Adultery” is a misdemeanor in the State of North Carolina. Does that mean that I could take this evidence that this little girl has continued to send me and get a warrant for this infraction? Also- how is he contributing to the deliquency of a minor? State of North Carolina dictates that the age of sexual consent is 16.
While you probably have a true case, is this something worth spending $10k or more of your money to end up with nothing? She is 16 and doesn’t have much in the way of money…not enough for court and not enough to even cover the expenses you’d have to put out to take her to court. You could potentially sue her parents, but that would be much harder to prove and even then you’re most likely talking about getting very little money in return. Add to that the depositions you’ll have to give and questions you’ll have to answer on the stand about your marriage, your sex life, and your personality traits, and it seems as though it’s hardly worth it. Her attorney will do everything to paint you in a bad light.
My advice is virtually the same as don5327. Change the locks, tell your husband that he can’t return, and get alimony and child support. As far as the repulsive emails and web postings (are you searching the web for her pages?)…I would just not open them, however, put them aside in a separate folder on your computer for storage just in case you need them for a divorce hearing. Proof of the affair will help with determining alimony (although it isn’t the only factor).
Move on. Just be thankful that he didn’t do this after you had been married for many years. Happiness is the best revenge, especially against someone who is so obsessed with competing with you as this young girl is. Instead of dwelling on yourself as the victim and your anger, build a full life with your children and show them by example how to rise above adversity, live an honorable life, and succeed.
I have a situation that’s pretty unique (or so I believe it to be so.) My husband and I got married almost two years ago. He’s now 19- nearly 20- and I’m 21. We have a seven month old daughter and a son due in October. On Mother’s Day of this year, my husband went over to a friend’s house to play cards. He was introduced to his friend’s 16 year old sister, who pursued a relationship with him. Aparently, they began talking and the next day he came home and informed me that he had met another woman and didn’t want to be married to me anymore. He left me in our marital home with no job (I’m a full time nursing student and stay at home mom) and no money. This 16 year old girl’s parents knew that he was married and still allowed him to move in and have a relationship with their daughter knowing that he was married. (Their defense is that he said he was separated, though we were not and no papers have ever been filed.) Ever since then, I have been subject to receiving messages online from this 16 year old girl describing their “perfect” relationship to me, and hear her talk about their sexual relationship. She has also (ignorantly) posted pictures of my husband and her in a hot tub kissing in a passionate manner and pictures of her and my husband on the beach, hugging each other, etc. I believe that I have a case for Criminal Conversation and Alienation of Affection. I do not, however, know where to begin pursuing this matter. I know that I would probably need an attorney, but I think they are limited in my area, and since I’d have to pay my attorney after I was awarded compensation, it’s even harder to find one. Any suggestions?