AlienationOfAffection and/or CriminalConversation


#1

My wife and me separated in 2012 only to reconcile this past spring as she moved back in after one year to our home. During the separation we had no custody agreement in place and essentially shared parenting duties. Since moving back in she has been working and in a full role reversal I have been taking care of our children on a daily basis. Obviously, there are too many details to list here so let me focus on the my main point. A few weeks ago I found out that she has been having an affair with another man who has been separated for over two years from his wife. She has admitted that they “began” this relationship in late summer/early fall, that she has been planning on moving out for months, etc. She admits she “is developing feelings” for the third party and that there is a mental and emotional connection. As for physical contact she has admitted to kissing but nothing else and since we are all adults here the reality is well we all understand…
Can I sue the paramour but not my spouse? We finally put in place a permanent custody order before she moved back in but would that not be null and void once our marriage was reconciled? I am at a bit of a loss about how to proceed and at this point in time I am not willing to allow a third party to create such turmoil, angst and pain to my family of five without recrimination. Please help. Thank You.


#2

Oh, and she is threatening to withhold the children from me if I pursue any legal action. I calmly told her that she should check with an attorney as the courts severely frown on actions such as this…


#3

And I have audio recordings of our recent conversations that spell out everything…these conversations were between us only.


#4

An action for alienation of affection or criminal conversation is one that you would bring against a third party, not your spouse. If she is threatening to withhold custody, you should get an order in place prior to filing your suit, but make sure not to exceed the statute of limitations.