I have moved out of the marital home with my children. Now I suspect my husband is seeing a woman (she is around him constantly) that he had access to and saw regularly when we were living together. Does anyone have any advice on if its worth it to hire a PI after you move out? I suspected he was cheating before we left, no proof other than he was out three times a week. He covered himself financially i.e. paying cash so no money trail. He is suing for PSS and Alimony. What does hiring a PI get me now - after the fact?
Hello Jane,
I’m not an attorney, but I do know from the research I’m doing on NC Laws that if you can prove he is having an affair it could close his opportunity for support. Although you are separated, your still married (amazing that people forget they are still married when separated). It is a crime for him to be involved in a relationship(sexual one) and can cost him support if you prove it. Neither of you can be involved in relations with others, but if you are as well then it makes it even and he can possibly get support. If you can afford a PI, it might be a good idea to save you down the road from paying support. Pictures, Videos, eye witnesses and letters are worth a thousand words…
Not a lawyer
Before you start spending $75/hr on a PI, talk to a lawyer. I believe that with the September/October 2009 modification of AOA/CC, you will have to prove that your husband’s relationship began prior to the date of your separation. If you cannot prove that, then you do not have basis for a claim. Assuming this is true, then the efforts of a PI are not warranted at this point.
While it is in fact illegal to have extramarital sex during your separation period, this is something that is rarely, if ever, prosecuted.
Thank you very much for your responses, this is very helpful but is there a law/change I can look up? Wondering if the Rosen Attorney will confirm as well. I have reviewed records and he paid cash but the fact is he wasn’t home two nights a week, never accounted for where he was. I think the only option I’d have is to get his cell phone records from when we lived together but imagine that is a court issue. He is with this woman now, he knew her when we were living together, refused to mediate marriage or attend counseling so my unproven feeling is he cheated. I wish more lawyers told people to do their research BEFORE they were forced to leave the house. Worth the time and money.
Do a google search on “House Bill Alienation” and you will find several articles of the house bill that changed it.
Post-separation actions can be used as evidence of pre-separation adultery. If they can be further corroborated with evidence like phone records, you may have a case for alienation of affection. Before making a decision, it is probably a good idea to speak with an investigator and an attorney to discuss your case and the possible outcomes.
I found this but its in legalese - what does it really mean? If my husband engaged in a relationship with a woman after we separated and we both live separately its ok?
If I can find proof of his cheating while we were still together does that negate this bill?
If they depose her can’t she just lie anyway? I don’t want to do anything to her but don’t feel I should pay for a lying cheating husband.
The bill states as juniorjam previously stated: you have to prove the adultery occurred before the separation to have a claim for alienation of affection, but as I stated, post-separation acts can be used to prove pre-separation adultery.
Finding information that he cheated prior to separation doesn’t negate the bill. The bill only changed the way we treat post-separation adultery, so it doesn’t to pre-separation actions.
Yes, people can lie when deposed and when testifying, but there are consequences to perjury.