Need Advice, Please


#1

I have discovered my husband is answering ads on craigslist so I made up a fake email address and emailed him. He responded thinking I was from Craigslist telling me what he wanted to do to me, etc. Can I use this email in court to prove adultry. We talked back and forth in the email and he told me LOTS. Enough to prove he has been committing adultry. HELP!


#2

You will not be able to use this by itself against him to prove adultery, although it may help in conjunction with other evidence. To prove marital misconduct, you must prove an act or acts of illicit sexual behavior that occurred during the marriage.

It will be better if he admitted in the emails that he committed an act of illicit sexual behavior during the marriage, but you may have a hard time proving that he was the one actually typing and sending the emails.

If you think this is something your husband may be doing, you may want to consider hiring a private investigator. A private investigator can legally collect the information and documentation you would need to prove an act or acts of illicit sexual behavior.

Check out our detailed article Can a Private Investigator Help My Divorce Case? for more information.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#3

Hi again, I am responsible for paying the cell phone bill and sometimes check the USAGE details of phone calls made and received. I saw yesterday he and this strange number were calling each other back and forth. I looked the number up and it showed a girl on Facebook. A young girl too. I also noticed he had installed a KIK app to his phone. I installed KIK on my phone and pretended to be someone else. He told me alot and admitted to cheating on his wife (ME). Is that acceptable to use in case we end up in court?


#4

Be sure to save all of that information. The phone records, in conjunction with other evidence, can help greatly. His admission to cheating on you will help, but you may run into a problem in proving that he was actually the person that typed those words. Either way, it may still help your case.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.