Criminal Conversation?


#1

Additionally is it possible for me to file misdemeanor adultery charges against her? I have witnesses who will testify to her admissions and also e-mails from her.


#2

You should really read this…

“That the husband and wife shall live separate and apart from each other; each at a place of residence as he or she may freely choose, free from all interference, authority and control, direct or indirect, by the other party, as fully as if each party were unmarried…”

Read the last part and you will have the answer you are looking for.


#3

“as fully as if each party were unmarried…”

I think that says it all as well.


#4

This was going on almost 2 months before the agreement was signed. She moved in with this guy the day she left the house and has admitted to the relationship since the first week. Does that make a difference? I see nothing that says this is retroactive to to the separation date. The agreement established the sep date as 4 Oct but was not signed until 24 Nov. From my understanding the actions allowed in the agreement are established on the date of signing.

I should have been more clear.

SHe filed a DMV PO on me yesterday which is totally bogus and I already have friends and witnesses ready to testify. I think he put her up to this. I have a large collection of collectable wepons worth a lot of money and they confiscated them all. I have made no threats to her in anyway. There have been a lot of e-mails but 90% relate to bills and finances. I have asked nothing of her but to keep open to reconciliation. I am looking at something to hold over her head not to get back at her but protect myself. I have been totally civil in this and she continues to pull things out of her hat to screw with me. Everyone we know is in total disbelief by her actions.

This is the same woman who came in the middle of the night and took my vehicle and hid it until she got a certain piece or art that I did.


#5

Different subject but…

What are the burden of proof requirements for A DVPO


#6

You can file a civil action against her paramour, there are two options: alienation of affection, and criminal conversation. For an alienation claim you will have to be able to prove you had a happy marriage until the paramour stepped in to the picture and destroyed your wife


#7

Thanks for the response. Still looking for the answer regarding burden of proof on the DVPO…


#8

To obtain a domestic violence order of protection the plaintiff must prove that he or she has had one or more of the following acts committed against them by a person with whom they have or have had, have been in a domestic relationship
1.) The accused has attempted to cause bodily injury or intentionally caused bodily injury;
2.) The accused has Placed the aggrieved ( or a member of his or her family or household) in fear of imminent serious bodily injury or harassment that rises to a level of substantial emotional distress;
3.) The accused has committed a sex act against the aggrieved.
The plaintiff


#9

I disagree with attorney in some things. Just because i women gets her tubes done, doesn’t mean that she is even having an affair. There could be a medical problem or she just doesn’t want anymore children because she is now on her own. There doesn’t always have to be an affair going on. JMO


#10

I, too, disagree with attorney remarks. If your ex wife had an affair that ENDED the marriage and during the marriage and not separation, then you would have an alienation of affection suit. Since you signed a separation agreement that allowed you to live as UNMARRIED, you have no argument.


#11

YF. I don’t see where your comment pertains to my question.

LIS… I am not looking at AOE because I can not prove anything. I do have circumstantial evidence but that is all. I am asking specifically about CC. Apparently according to the atty answer, she can do whatever she wants but only after the SA is signed and not before.

She has completely destroyed my Christmas. I had flight reservations for today to visit my sister and mother for Christmas. I had to cancell and lost the money because I’m spending all day trying to get in touch with an attorney becasue the court date for the DVPO is 29 Dec.


#12

What is a DVPO?


#13

Domestic Violence Protective Order.


#14

Why in the heck would she be doing that to you? Doesn’t she live in a different state? If you feel okay with it. email me.


#15

If she is having an affair and you’re not divorced yet, then her paramour can be persued for CC. Adultry is against the law until you’re divorced. The statement in your agreement doesn’t nullify adultry, it prohibits you from interferring in her everyday life. You would need a 3rd party waiver language in your agreement to nullify any claim for adultry while separated.

Tubes tied?? Don’t see that here.


#16

No she lives in the same state. I live in Raeford she lives in Fayetteville with her new boyfriend (since the day she left).

BTW I retained an attorney for the DVPO. MORE $$$$$
After reviewing everything his first words were BS…She has no case but there went anothre $1500 to make sure I protect myself. She is basing this on a lot of e-mails however there are no threats or implications of threat in any of them. They pertained mostly to settlement of property and finanaces but she said there were too many and harrassing her. Found out today she is appearing without an attorney on Monday.

CC2…Tried to e-mail you but was kicked back.


#17

Did you need to email me personally? Try again through Rosen. I unchecked a box that might help.


#18

CC2. Actually that was meant for Young Fool…sorry


#19

Well. I went to court. when she realized I had an attorney she asked for a continuance in order to hire an attorney also. This really ticked her off becasue she thought she was going to just represent herself and walk out a winner in the case. Now she’s ticked becasue this is costing her $$$$. Monday afternoon she had our e-mail accounts deleted and established a new one. I realized immediately what had happened and got in touch with the service provider and had mine re-established within 30 minutes. I know she was laughing about this thinking I wouldn’t know why I wasn’t getting e-mails or connect. Oh well…No w I have to go back on the 12th. My attorney is thinking that it will get tossed after her attorney reviews the charges as they have no foundation.

Her boss is upset that she did this because the word is out at the pub she works for and patrons are leaving whenever she comes to work and refuse to come in when she is there. We’ll see what happens there.


#20

Would this statement from our separation agreement preclude me from possibly filing a CV against her paramour who she is residing with?

“That the husband and wife shall live separate and apart from each other; each at a place of residence as he or she may freely choose, free from all interference, authority and control, direct or indirect, by the other party, as fully as if each party were unmarried…”

From my research it appears that the agreement has to specifically be worded to allow for cohabitation and sexual relations. Am I correct?

She is getting really ugly about this and constantly flaunting this relationship in public and in front of a lot of mutual friends, even in the bar where she works.