How much, is enough proof?

#1

Dear Shell64:

Greetings. I can only imagine how upset and hurt that you are. I would be devastated that my husband had an affair, lied about, wasted our assets, mistreated me, and continues to mistreat my son. That being said, I would tell you that you need more information, such as some e-mails, cards, letters, or phone bills to assist with your alientation of affection claim.

Alienation of affections is a costly claim, which is usually not worth the funds which you would spend to pursue it.

I tell all my clients that first, I don’t like to place children in the courtroom as witnesses. I do not believe that the judges like to see children in their courtroom. Second, I also my clients that if they have to call their children as witnesses they have already lost - by involving their children. Probably not what you wanted to hear, but I believe this is the truth.

Finally, I would tell you not to pursue the alienation of affections claim in this matter, but to focus on your son and rebuilding your life.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

#2

My husband walked out on me and our son four months ago. I’ve been
exceptionally nice to him, considering the circumstances. He had been having an affair since 09/02. Well, this is when he admitted he first had sexual relations with her. I’m not really sure as to when the relationship first started. He was physically abusive to our son and verbally abusive to both us since 06/02. He is giving me money now, on his own accord. He has abused alcohol and prescription drugs(percoset)
over the last year. I really feel that his attitude change and the end result of him walking out is a direct result of the substance abuse. I have phone bills and some credit/debit receipts that prove they were communicating and being together. Another twist, she worked for my husband as an employee. My husband worked for a textile company and she was an employee under his supervision. A few days before he left me, he changed companies taking a $15,000.00 a yr pay cut. He stated that he had tried to end relations with her twice and she stated that she would be his mistress,and begged him not to stop loving her. He stated that she needed him. All they do together is drink,every time my son has been over to his dad’s , he states that all they do is drink, mixed drinks, beer whatever they have. The last time my husband brought my son home he was drinking and driving, which he does regurarly.He’d been doing this for the last year and a half. Well,a few weeks after he left she moved in, he rented a condo which he could not afford. No seperation agreement or anything. He wanted me to just wait out the year of separation and then we would go the court house and file for divorce. Well, needless to say I finally went to a lawyer. He is now
trying to get out of everything. He’s even trying to pay less on the
child support that was already mutually agreed upon, which according to our salaries was about 100.00 less than my son was entitled to.
He has cancelled the life insurance policy. He feels that he is not liable for any alimony. He has alot of selfish issues. I’m really considering the aleination of affection and criminal conversation issue against the girlfriend and my husband’s family. His family knew of my husbands indiscretions since 04/03, if not before. What kind of proof do I need to file against the family and the girlfriend, other than what I have. I also had to change my phone number because of harassing phone calls and told the phone company that, when I requested a change. There could also be an issue of stalking on the girlfriend’s end, but I can not prove this. All I have is my son as a witness to the incident, and I really do not know how that will look in a case. He is almost 15 years old and perfectly capable of making a reasonable decision. He understands everything that has happened and my husband is treating him like a four year old, that is incapable of comprehending any of this. Did my husband forget that our son was in the house for the last year and a half and heard everything that went on?