Alienation of Affection


#1

Additional questions:

  1. what does AOA usually cost? Will the guilty party have to pay?

  2. is it difficult to subpeona emails from a business that has their own email servers? ow about from Yahoo or hotmail?

  3. how hard is it to get phone records from a business and if All i can show with them is that they were talking will that help?


#2

Dear yerbyray:

Greetings. Unless you file a lawsuit, you are not entitled to her phone reocrds or e-mails.

If you want a specific quote for any legal action, you will need to contact our office directly. Generally, each party is responsible for their own legal costs - although sometimes people recover some attorney fees at court.

Sure it is always difficult to subpoena e-mails from companies. Depending on the type of company, and how long they keep information, it will be a very costly endeavor. It depends on what type of phone records you want.

Your wife has already admitted that she left for this other man and that she loves him, correct? You don’t need to prove that they had sex for AoA. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

I wasn’t aware that commercial e-mail accounts could be subpeoned, do they usually come up with anything or is it just a shot in the dark? That would help tremendously. And can the party being sued subpeona the person suings e-mail records to prove that the marriage was indeed over before a thrid party could interfere?


#4

Dear Bystander:

Greetings. Yes, a company’s commercial e-mails can be subpoenaed, but remember that the cost is normally prohibitive, since the company attorneys must review each e-mail for privileged information and to determine whether or not it is responsive to the subpoena request. It is normally done in larger litigation cases, for example in tobacco litigation, and not in alienation of affection claims. It is also important to note that some companies may not be able to access their deleted e-mails.

Of course, any information which goes to the destruction of the marriage prior to the time the alienation is alleged is admissible, especially if from the same source as the information you are attempting to prove the alienation occurred. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

I was married nine months ago. Eight months ago my bride started emailing a friend with the military overseas. I was aware that they were friends.

The male friend returned in June. They continued to email. In August, He gave her a prized childhood possession behind my back. I discovered it a few days later and she played dumb.

October we all went on a camping trip and she disappereared for three hours after midnight from the tent. I went to look for her and found that the male friend was gone too. I searched the areas and were unable to locate either of them. I did find her back in the tent and confronted her. She said she was in the bathroom but I had checked there twice. She never did admit where she was but said she was sick.

Two weeks later, we at another weekend event and they hung around together until I asked her to stay away from him. The following day was fine. Monday I tried to get on her laptop and see if I could find any email, etc but was unable to log on. She accused me and moved out. We have been apart since.

In conversations since, she has admitted that she is in love with him. She says there is has not been any physical contact between the two. I talked to the male and he has denied anything. At this point I cannot prove anything. I do feel that her email accounts (yahoo and her work email) hold the information that I need.

I am not seeking revenge. When she left, I was getting ready for surgery and had major expenses and bills coming up. I am now in a tight financial situation. She has a job earning 45K a year but owns nothing. He is married (unhappily he told me)with two kids. He is an enlisted man in the army but should have a decent pension and salary.

My questions…Can we get her emails to see if there is anything there? can we get her work phone records? I know that the emails will be incrimidating.