Condonation would be the scenario that your spouse has sex with you after having knowledge that you have had sex with someone else. I do not know what affect a photo of a kiss will have.
Alienation of affection case, he would have to show that you had a viable marriage prior to interference by this person, that this person had an affect on your affections towards your spouse and the marriage would have to be over. If you both want to salvage your marriage, I suggest counseling.
He can not keep your child from you regardless of the situation. Even if you had had sex with this friend rather that just kissing. I don’t know if things have changed or not because several years ago, digital photos were not admissable. They are too easily altered, but that may have changed. The only thing that this would affect is alimony/post separation support. It would not affect custody, child support, or equitable distribution.
The facts that you have described should not have any effect on child custody. The only thing that would have an effect on custody is your ability to care for your child, and our private life affects that only to the extent that it may negatively or positively affect your children.
The picture that he found may have have a small impact on alimony but if there is no other evidence of an affair that one piece of evidence probably will not have a big effect on alimony, but you can expect him to make a bit issue of that fact.
If your relationship with your friend contributed to the breakup of your marriage then your spouse may bring an action for alienation of affection, however if he was not the reason for your break up and did not contribute to it in any way, then it is unlikely your spouse would accomplish much if he filed a lawsuit.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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Okay, I am new to this site and I have spent the past couple of days reading all the forum posts before I got enough nerve to actually post my situation.
My husband and I have been married for 5 years and have had many problems since he started a new job 4 years ago. His new job became top priority over me and our daughter (now 3). Back in March of last year, I made a mistake and kissed one of my best friends (a guy that I have know for 15 years). There is a picture of my tongue touching his tongue and our lips together. My husband found this on our digital camera and went nuts. I do not blame him BUT after it happened my friend and I both agreed that it was wrong and should never have happened and would never happen again. NOTHING more did happen. That was it, but my husband is threatening me of taking away our daughter because of what happened. He said that my friend broke up our marriage which deep down he knows is not true. We have been falling apart for the past 4 years.
I honestly feel like I am trapped. I don’t think our marriage is doing to survive although he said he still wants us to be together. It has nothing to do with anyone else. What is the law on condation?I am just curious about what he can do legally with the evidence that he has against me. I have so many people telling me so many different stories. My daughter means more to me than anything else in this world and I can’t stand the thoughts of losing her. Also, I hate the fact of haing to see my friend go through an AoA suit when it is NOT his fault that our marriage is failing! Anyways, just curious about where I stand legally on the issues I have mentioned. Sorry to be so lengthy but wanted to try to explain as much of the situation as I could.