A related question:
Can one prove a sexual relationship occurred based on a post affair email from spouse to third party defendant that alludes to their past relationship and a “warning” received on Facebook by an unknown person letting me now that the spouse was being unfaithful? I have long since removed my name from our joint cellphone account so I don’t have phone records and no other physical evidence.
Thanks.
I am not an attorney, however the Facebook “warning” is hearsay. Unless the unknown person was directly involved in the affair – which you can’t know, since they’re “unknown”.
Does the email explicitly state they not only had an affair but had sex?
The FB message basically reads that i should ask where my husband is sleeping. The email between my STBX and ‘the other woman’ was written more recently, after the separation, and does not specifically state they had sex but it’s basically a reflection of ‘what happened between them’.
Again, I’m not an attorney, but the evidence for Criminal Conversation seems loose at best. Depending on your situation you may have an action for Alienation of Affection, but you need to know that both tortes (CC and AoA) are very expensive to pursue, and can be difficult to prove since the cases are very subjective (more so than you’d think). Proving an affair happened, and proving the level of damage to you are different things.
Most people who have a legitimate AoA claim tend you use them as leverage in negotiations for the property settlement. That’s where I’ve seen them having the most value.
Taken out of context, these two pieces of information do not seem sufficient to prove a claim against a third party. This answer may change depending on the full events that led up to your separation and any other information you may have about your estranged spouse’s potential infidelity.