Alienation of Affection

It goes like this… My wife asks me to move out so we can “work on our relationship”. I never dreamed this would happen and I didn’t want to, but she made it out like it would strengthen our relationship to take some time apart. I didn’t agree and didn’t move out. A week later we go to the beach house with our 4 kids. This is around the end of June. My wife and kids go home on July 3. She goes to a friends house for a gathering on the 4th and swears there are no guys there. After I question her further she is saying that it doesn’t matter and that we are officially separated. Doesn’t seem like we are separated??? I thought we had to move to separate residences. All my stuff is at home other than what we packed for the beach. The next morning on July the 5th around 3am in the morning I discover a chat log from the previous day between her and another guy from back home. Apparently they were there together. The relationship has clearly been going on for some time as they were saying things like “I hate keeping you a secret”. “I love you”, “i would marry you tomorrow”, “We will have BEAUTIFUL babies!!!”. This really knocked the wind out of me. I had no idea. I confronted her about it and came home the next day. She said either I move out or she is moving to a motel with the kids. I didn’t want to put the kids through that so I have basically been sleeping on a couch at the office and coming home in the mornings to shower and get dressed. I just don’t know what to do from here. I am heartbroken, angry and confused. My wife is going Tuesday to try to have separation papers drawn up. What do I do from here? Would this be a good case to pursue?

It doesn’t sound like you are separated to me.

As far as alienation of affection, to sustain an action for alienation of affection you must show that love and affection existed between you and your spouse, and that actions of the 3rd party alienated that love and affection.

If your wife hires an attorney then I’d suggest you hire one too. Separation involves custody and financial issues, and those should be settled fairly. Feel free to give my office a call if you’d like to setup a consultation.