Please help


#1

If you are married, you can be held accountable for adultry, alienation of affection, and all the other crap that goes with a divorce in N.C.


#2

Sorry that is not all true you can get hit on the adultry but not the AA because this did not break the marrage if it did then yes and the time starts for the sep when you moved out do not go back and stay any night this will make it start all over. you only have 3 more to go but you better get the sep completed fast or get a lawyer to get the paperwork right
have a good one


#3

I hope you didn’t move into your new lovers address when you separated, if so you might have a problem with AofA but if not get the rental agreement that will show when you moved in to establish the time of separation.


#4

my husband committed adultry, what do you need to prove this for alienation of affection? i don’t know anything about her.


#5
quote:
[i]Originally posted by hawkman[/i] [br]If you are married, you can be held accountable for adultry, alienation of affection, and all the other crap that goes with a divorce in N.C.
Even though we are living in seperate residences? For 3 months now. Also she makes more money. Does this matter? Or is this just for spousal support?

#6
quote:
[i]Originally posted by FATHERDORIGHT[/i] [br]I hope you didn't move into your new lovers address when you separated, if so you might have a problem with AofA but if not get the rental agreement that will show when you moved in to establish the time of separation.
We did not move in together I have my own place. Can I still be held accountable for adultry if I have proof of the signing of the lease to the intention to divorce? I never had any contact with my new girlfriend until I met her 2 months after the seperation started.

#7

Just because she hasn’t signed the separation agreement doesn’t mean you are not separated.
Adultery is having sexual relationship with someone other than your spouse. It is a misdemeanor and is rarely prosecuted. Sadly, in NC, she is still your spouse until the absolute divorce is granted after the one year one day separation requirement.
Criminal Conversation is the actual act of sex with a person other than your spouse during the marriage, but there has to be proof of the act. This is brought against the spouse.
Alienation of Affection is a suit brought against any person that can be shown to have alienated the affections of one spouse from the other. The marriage has to have been viable. This can be brought against any person other than the spouse with proof.
If you met this person after the separation then A of A is not really a concern. There is something about post separation actions… Adultery may affect child support, alimony, and sometimes division of property. Now, your spouse may give consent for you to have sexual relations with someone else but if she can prove that the act was committed before she gave the consent then it may have some affect on the case in general but as I stated, adultery is a misdemeanor and is very rarely prosecuted.


#8
quote:
[i]Originally posted by stepmother[/i] [br]Just because she hasn't signed the separation agreement doesn't mean you are not separated. Adultery is having sexual relationship with someone other than your spouse. It is a misdemeanor and is rarely prosecuted. Sadly, in NC, she is still your spouse until the absolute divorce is granted after the one year one day separation requirement. Criminal Conversation is the actual act of sex with a person other than your spouse during the marriage, but there has to be proof of the act. This is brought against the spouse. Alienation of Affection is a suit brought against any person that can be shown to have alienated the affections of one spouse from the other. The marriage has to have been viable. This can be brought against any person other than the spouse with proof. If you met this person after the separation then A of A is not really a concern. There is something about post separation actions... Adultery may affect child support, alimony, and sometimes division of property. Now, your spouse may give consent for you to have sexual relations with someone else but if she can prove that the act was committed before she gave the consent then it may have some affect on the case in general but as I stated, adultery is a misdemeanor and is very rarely prosecuted.
Mame' we have no children together, we have no property or anything mutual except 1 credit card....Which I am trying to get my name removed from. She makes double what I do..Would there be anyway that I would have to pay alimony in this situation of mine? Does consent for sex actually have to be those words? Or an email saying (actual Email)= And please go on and find the one who will sit there for hours looking in your eyes and ready to do anything you say. That's just not me, I wish you the best of luck.....EMail 2= I really hope you find someone you're looking for to be happy with. Or does it actually have to say sexual consent?

#9
quote:
[i]Originally posted by stepmother[/i] [br]Just because she hasn't signed the separation agreement doesn't mean you are not separated. Adultery is having sexual relationship with someone other than your spouse. It is a misdemeanor and is rarely prosecuted. Sadly, in NC, she is still your spouse until the absolute divorce is granted after the one year one day separation requirement. Criminal Conversation is the actual act of sex with a person other than your spouse during the marriage, but there has to be proof of the act. This is brought against the spouse. Alienation of Affection is a suit brought against any person that can be shown to have alienated the affections of one spouse from the other. The marriage has to have been viable. This can be brought against any person other than the spouse with proof. If you met this person after the separation then A of A is not really a concern. There is something about post separation actions... Adultery may affect child support, alimony, and sometimes division of property. Now, your spouse may give consent for you to have sexual relations with someone else but if she can prove that the act was committed before she gave the consent then it may have some affect on the case in general but as I stated, adultery is a misdemeanor and is very rarely prosecuted.
Also on the point of criminal conversation.....What qualifies as proof? Holding hands, kissing, staying overnight at each others residence? Or would she have to hire a P.I. and have voice and tape of an actual sexual encounter? Or pictures of said encounter. I am really just trying to cover myself. My X can be very very hateful at times and violent I just want to make sure I am protected until the absolute divorce.

#10

I don’t think you have a whole lot to worry about. I would think that if she really wanted to push the issue, you could use the e-mails in court to show that she was giving her consent to “move on with your life as you saw fit”. I would think that would be sufficient if the adultery matter would be pursued.
The criminal conversation is the act of sex. I don’t know that kissing or holding hands is included in that. I would think there would have to be actual photos of the act. An audio recording could always be argued that you knew it was being recorded and faked the “sound effects”. I’m not sure about the PI because I do not know what would be admissable in court. I’m not sure what courts would say about staying overnight since there are no children involved. I would say that unless your new girlfriend gets pregnant, or you are asked in court on the stand if you have had sex with her, you probably don’t have to worry about any of this.
Alimony is usually only an issue if the one spouse is dependant on the other. If she makes more than you do this probably won’t be an issue for you either.

Be discreet about your relationship and wait it out. If your STBX can be violent then you really don’t want her anywhere near your new girlfriend. Trust me on this one. Very similar situation with me and my husband. When we met he and his ex had only been separated 2 months and had only just gotten the separation agreement signed. Let your neighbors know what is going on and ask them to let you know if she is spotted near your place. Document everything, phone calls (or record them), e-mails, everything. Don’t discuss your new relationship with your STBX AT ALL. Don’t give her ammo. Don’t put your new girlfriend in the situation where she or her property could be damaged. (I had my car keyed) If she is coming over, pick her up if at all possible. If your STBX does come to your place, call the police. Protect yourself first. She may also meet someone before this year is over so what goes around…
Good Luck to you.


#11
quote:
[i]Originally posted by stepmother[/i] [br]I don't think you have a whole lot to worry about. I would think that if she really wanted to push the issue, you could use the e-mails in court to show that she was giving her consent to "move on with your life as you saw fit". I would think that would be sufficient if the adultery matter would be pursued. The criminal conversation is the act of sex. I don't know that kissing or holding hands is included in that. I would think there would have to be actual photos of the act. An audio recording could always be argued that you knew it was being recorded and faked the "sound effects". I'm not sure about the PI because I do not know what would be admissable in court. I'm not sure what courts would say about staying overnight since there are no children involved. I would say that unless your new girlfriend gets pregnant, or you are asked in court on the stand if you have had sex with her, you probably don't have to worry about any of this. Alimony is usually only an issue if the one spouse is dependant on the other. If she makes more than you do this probably won't be an issue for you either.

Be discreet about your relationship and wait it out. If your STBX can be violent then you really don’t want her anywhere near your new girlfriend. Trust me on this one. Very similar situation with me and my husband. When we met he and his ex had only been separated 2 months and had only just gotten the separation agreement signed. Let your neighbors know what is going on and ask them to let you know if she is spotted near your place. Document everything, phone calls (or record them), e-mails, everything. Don’t discuss your new relationship with your STBX AT ALL. Don’t give her ammo. Don’t put your new girlfriend in the situation where she or her property could be damaged. (I had my car keyed) If she is coming over, pick her up if at all possible. If your STBX does come to your place, call the police. Protect yourself first. She may also meet someone before this year is over so what goes around…
Good Luck to you.



#12
quote:
[i]Originally posted by stepmother[/i] [br]I don't think you have a whole lot to worry about. I would think that if she really wanted to push the issue, you could use the e-mails in court to show that she was giving her consent to "move on with your life as you saw fit". I would think that would be sufficient if the adultery matter would be pursued. The criminal conversation is the act of sex. I don't know that kissing or holding hands is included in that. I would think there would have to be actual photos of the act. An audio recording could always be argued that you knew it was being recorded and faked the "sound effects". I'm not sure about the PI because I do not know what would be admissable in court. I'm not sure what courts would say about staying overnight since there are no children involved. I would say that unless your new girlfriend gets pregnant, or you are asked in court on the stand if you have had sex with her, you probably don't have to worry about any of this. Alimony is usually only an issue if the one spouse is dependant on the other. If she makes more than you do this probably won't be an issue for you either.

Be discreet about your relationship and wait it out. If your STBX can be violent then you really don’t want her anywhere near your new girlfriend. Trust me on this one. Very similar situation with me and my husband. When we met he and his ex had only been separated 2 months and had only just gotten the separation agreement signed. Let your neighbors know what is going on and ask them to let you know if she is spotted near your place. Document everything, phone calls (or record them), e-mails, everything. Don’t discuss your new relationship with your STBX AT ALL. Don’t give her ammo. Don’t put your new girlfriend in the situation where she or her property could be damaged. (I had my car keyed) If she is coming over, pick her up if at all possible. If your STBX does come to your place, call the police. Protect yourself first. She may also meet someone before this year is over so what goes around…
Good Luck to you.


THANK YOU KINDLY :slight_smile:)

#13

I am going through seperation, which my spouse will not sign because of differences in the seperation agreement. We were married for 9 months and have been seperated since August (living in seperate residences). I met someone in September. Can I be held accountable for adultry or anything negative since she will not sign the seperation agreement? Please help…
SA