If you were also unfaithful why would you want to make a case against the person that he is seeing? What, you think you made a mistake now that he is with someone else? Would you want him to do that to someone you decided to have a relationship with?
I don’t think you would be able to stop the other woman from being around daughter unless you can prove she is a danger to her.
It takes 2 folks to reconcile. It doesn’t matter if YOU are trying your best if HE isn’t willing to reconcile. If you try to go after the girlfriend, do you think that will help in the reconciliation…especially since you’re guilty of the same thing? If you both have separated several times in the past, it looks like a cycle.
I would give your husband a choice. Either he tries to make things work with you, or you let him go. Going after the girlfriend won’t help your case with your husband. If anything, it will make it worse.
Generally, to maintain a lawsuit for alienation of affection the conduct must occur before the date of separation. If the two of you have already separated you would not be able to prove that you had an otherwise happy marriage.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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My husband and I have been separated about 2 months, but nothing has been signed. About a month after we separated, he began seeing a girl from his work. He has spent several nights with her. There were problems during the marriage. We had separated several times before and I was unfaithful, but we had always managed to try and work things out. To my knowledge, she has been told we are separated. I don’t know if she is aware that I have been trying very hard to reconcile and have told him that I want to work things out. I feel that if she weren’t in the picture, that we might have a chance of working things out. Would I have a case against her? Also, we have a daughter and could I stop him from bringing this woman around my daughter?