in this country a person can file a lawsuit for anything they want. Thether or not it has merit is a different story. If you did not commit adultry then I wouldn’t worry. Let him file. You’ll have to spend money to defend yourself, but if there is no proof then there will be nothing to defend on. What he is trying to do is blackmail. See if you can get this on tape or something, especially if he admits he knows it’s a frvilous suit. One look at that and any judge will dismiss the AoA suit and possible make him pay for your attorney fees as well. You didn’t mention what ages the children are. Staying in an unhealty situation just to “protect” the kids is a HUGE mistake. I know I have been there. It is amazing the tranformation a kid takes when he is in a happy, healthy envirionment. You don’t realize what a weight is on their sholders until you don’t see it anymore. Good luck
THANK YOU! he has me thinking that i am absolutely worthless - really what he has been doing is classified as emotional & mental abuse. this abuse is horrid - as is physical abuse. i’m sorry, but who really wants to stay with someone who is trying to bribe them into staying & into sleeping with them? NOT ME!
Hopefully and attorney will respond…cause I can’t for the life of me find the text I was looking for on this. If I remember correctly, there is something about using threats of legal action to get what you want out of the other spouse being illegal…
Get this threat in writing by e-mail or carry a recorder with you. Maybe an attorney will respond on this.
EDIT: Also, he wouldn’t sue YOU for AofA, it would be a suit against another person. The 3rd party that supposedly alienated your affections from him.
If you have not had an affair then do not worry about his threats. You should follow the advice of the attorney you have consulted with, or consult with another attorney if you were not comfortable with the first attorney.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
OK, my soon-to-be-ex is now saying that if i leave he will file an AoA lawsuit, if i stay the lawsuit goes away - nothing becomes of it. However, if i leave & give him custody of the boys, he will not file the lawsuit. First, he has no grounds for the AoA lawsuit. Second, i’m not leaving my boys - if i go, they go. i will not stand in the way of him seeing his boys - i actually will encourage him to spend all the time he can with them. He doesn’t understand that there is no affection or attraction for him anymore. He continually put me down thru-out our marriage, saying that my ideas were stupid, my thoughts were crazy, where in the world would i get an idea like that, what is going on in your head.
my lawyer also says that he doesn’t have a leg to stand on with the lawsuit; he has spoken with a lawyer who told him that they would turn everything around on me & make it look like i was having an affair (which i did not!). I want to leave, i already have another house lined up, but i don’t want him to ruin my career or the career of anyone else.