My husband started a Facebook back in November and has gotten in touch with several ex-girlfriends. One in particular he’s gotten close with and talks to literally every day. It’s moved from Facebook, to a chat client, to his personal email account and also text messages and phone calls. When I confront him he says she is just a friend but I found an email in his account on Sunday that is questionable. I confronted him again and he insisted still that nothing was going on. My psychologist says this sounds like a case of emotional infidelity. Is this difficult to prove? And is emotional infidelity considered to be the same as an affair with actual physical contact? And how can this work in my favor if I seek a legal separation?
Emotional Infedelity is not a form of adultry and can’t be prosecuted. If this woman and your husband actually have an affair, then you could sue her for Criminal Conversation.
NC is a no fault state. There is also no ‘legal separation’ in NC. If you decide you’re going to separate, someone has to leave. Once that happens, you can file a claim for spousal support and child support. I would get a separation agreement drawn up, signed and notarized to protect your interests. Many people think that agreement is a ‘legal separation’, but it isn’t. It’s a legally binding agreement between the 2 of you. If someone does not abide by that agreement, you can take them to court for breech of contract.
Emotional infidelity may be used as evidence that your spouse has committed adultery, but standing alone it will not improve your case.