It’s a start but if that’s all he has then I wouldn’t be too worried. One major factor in AOA cases is that they have to prove you had a good relationship prior to this person coming into your life and that person is the reason your marriage isn’t working out. That is the part that seems to trip people up.
There is going to be a lot of manipulation on his part right now because he’s hurt and angry. He can say whatever he wants too, just remember that an Attorney is who you need to talk to about that stuff. DON’T sign that agreement either without having it looked over. You don’t want to give up anything that you are entitled to.
No, if you did not engage in adulterous conduct then the cell phone records will be proof of nothing. While the cell phone records can be suggestive of inappropriate conduct, if your Husband cannot prove that you and this man had access to each other, he will have a hard time proving that you committed adultery.
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
I told my husband that our marriage was over the first week of January 2008. Things have been mostly amicable even though he does not want the divorce. Tonight, he threw a separation agreement at me, told me to type it up and said he “knows everything”. When I asked him what he was talking about, he showed me my cell phone records, showing more than 20 calls to one number. I told him that was my friend who resides out of state who happens to also be a male. He screamed at me that I was a cheater and a liar. He is obviously not going to offer spousal support but I am a stay at home mother who simply spoke to another man who was a friend for several weeks. I have not flown to this man’s state. I am rarely without my child! Can he strong-arm me this way simply because of cell phone records? Please help. I am so upset right now.