If the relationship with the third party existed before the date of separation and you and your wife had an otherwise happy relationship; and your relationship would have continued to be happy if it wasn’t for this third party, you probably have a case for alienation of affection. If you file a lawsuit for alienation of affection you can subpoena his phone records.
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.
If the third party lives out of state and no conduct occurred within the state you may have a problem with jurisdiction. You can file a claim without an attorney, but you would b e held to all the same standards that an attorney would. You would need evidence that a relationship existed between your spouse and this third party and that the relationship was the reason you and your spouse no longer have a happy marriage.
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 am looking for some advice on my case. My wife left me 4/14/07. I suspected, but could not confirm an affair until 6/4/07. Confirmed with video from a private investigator. I had written letters to both the other man and my wifes boss informing them what I thought was going on. I sent both letters certified mail. I had caught her talking to the other man on the phone before the separation date. I have a suspicion that they could have possibly been together out of state in February 07’. Can I/ Should I have phone records subpeoned? The other man new she was married. They continue to see each other according to my 7 year old son. My attorney has informed me that his case load is to busy to take on this case. I have not spoken with him yet. But now I am worried that he doesn’t think I have a case. He put in his letter that I have until 4/13/08 to file complaint against the other man. I thought I had three years. Any and all help would be greatly appreciated. Thank you, “I think I need a new attorney”