Federal Information Act


#1

My wife had an affair last November. We are trying to work it out but I want to be prepared if it does not work and we get a divorce.

The person she was with is a town employee in NC. He was using his work email address for all contact with her.

I heard that Governor Sanford’s office had to release all his emails due to the Federal Information Act.

Was wondering if the same law applied to this person. If so how do I request all of the emails from the town. I figure this would be great evidence for me in case of a divorce.

Thanks


#2

I would think you would have to have a court order for discovery to have that information released. I don’t think a company/gov agency will just give you access to an email account without legal cause.

The evidence in the emails won’t help you in the divorce itself. It will only help establish an affair for the purpose of alimony denial. But if she has admitted the the affair, and you’ve ‘forgiven’ her by trying to work it outliving together/having sex, it may nullify the affair especially if they’re not involved now (or later). Gray areas here.


#3

Thank for the response. I wanted the proof for if I decide to sue him for alienation of affection.

How do I hire you to get a court order?


#4

Well…you can’t hire me because I’m not a lawyer (lol) You can’t get a court order until you actually ‘sue’ someone. A court order is for discovery of evidence. You need a case to have need of evidence.

A private ingestigator may have access to some evidence through his/her investigation of your wife…but I don’t know much about that aspect.

You need to decide:

  1. Are you willing to continue with the marriage?

  2. If not, are you willing to persue 3rd party litigation?

3rd party litigation is time consuming, expensive and emotionally trying. Unless he has DEEP pockets, what are you to gain other than humiliating your wife/ex and the third party and anyone else that may be involved. If you have kids, then eventually they will learn of it and then you involve them in the mess.

If you want your wife to ‘pay’ for her transgression, then sue the 3rd party. But vengence is a hard game. She won’t go to jail for HER transgression…neither will he. This is not a jailable crime…it’s a misdemenor. You’ll get money…IF you can prove all the requirements and it settles for a monetary amount OR goes to court for a jury trial (very rare).


#5

First off thank you for your assistance. It has been very helpful.

My thought is that I am going to get a divorce in the next month or two. The reality is that between paying for the divorce and paying for all those new expenses this affair is going to cost me alot of money.

If I can get any compensation from him that would be helpful.

I have no doubt that if I could get my hands on the email that it will contain all the proof I need.

I figured I would need to go to court to request this information. However it confuses me that I would need to sue him first. Everyday in the US newspapers and media outlets are able to get their hands on public information but getting a court request. They do not need to sue.

Wondering why this would be any different?

I know Rosen has a location in Raleigh. Is their an attorney I could hire to do this for me?

Thanks


#6

You should contact our main office and speak with our client liaison to schedule and initial consultation to flesh out an action plan and determine the best course of action moving forward.


#7

OK

That is a good idea.

Thanks