Post Separation Question


#1

If she has had an affair then she should not be able to ask for alimony. Your attorney should know this. If your current attorney does not wish to pursue the means to get you custody and get you out of paying alimony after proof of marital fault is shown then I suggest finding a new attorney.
If custody has not been decided by agreement or court order then you both should have equal access to the children. She, nor anyone else, can keep the children from you. You have the right to have the children with you at least half of the time. This will set the standard by which the court will look at. You are currently letting her have primary custody?
Alienation of Affection would be suit against a third party for alienating your spouse’s affection from you, not your children. Depending on the ages of the children, you could have them contact you. I would begin by speaking to your ex to let her know that she needs to make sure that the children are able to speak with you, just as you would extend her the same courtesy. If your in-laws are taking care of the children then you could speak to them or send a letter stating that you will be calling at a specified time each night to speak with the children. Have your attorney send the letter.


#2

Have you already signed an agreement giving her alimony?

Alienation of affection applies only to your spouse’s affections and not to the affection of your children, so based on the facts you described, you would not have a claim against her parents for Alienation of Affection.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Suite 510
Charlotte, NC 28262
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Chapel Hill, NC 27514
(919) 321.0780

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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

My soon to be exwife was very vindictive during our mediation. She cheated on me at least 5 times and is still seeing 1 of those men. I have text messages from prior to our separation and emails from afterwards and also before. I want more time w/ my children and also want to fight the alimony charges. Can these be used against her? My current lawyer says that there is nothing that can be done.
My other set of questions-Her parents watch the kids so that she can see her boyfriend. They hang up on me constantly so that I can not talk to my children before bed. Is there anything that can be done now? Or must it wait until the divorce proceedings? And what can be done if anything? Is that considered A of A as well? Since they are not allowing my children to even know that I’m calling to check on them?