I have 7 inter-related questions that I wanted to pose together so you can get a sense of the full picture and can provide advice accordingly:
Are these facts sufficient to prove that marital misconduct of an affair took place?
-Phone records dating back 4+ years of multiple conversations, text and picture messages (no content available for text and picture messages, just dates and times)
-Picture of them kissing
-Saying they are traveling on business ~5 times, but phone records prove they were not in the town they said they were in. In a few of those cases, the actual location happens to be the paramour’s home town
-Verbal admission by the spouse that they had an emotional affair, that they were out of town in a hotel with the person but they say they didn’t have sex and that there were others in the hotel room as well on all occasions
How would the following “forgiveness” facts impact a claim for alimony, criminal conversation and/or alienation of affection:
-Letter stating the desire to stay in the marriage and that they had been forgiven, and that their emotionally abusive behaviors contributed to the r easons for an emotional affair in the first place
-Marital relations on two occasions since the affair was found out
-Seeking, scheduling and attending marriage counseling sessions several times after finding out about the affair
-Stayed in the marital home for 3 months before moving out, and only moved out when they were forced to by the spouse (i.e., wanted to stay)
-Verbally expressing the desire to reconcile for several months after moving out
-Verbally asking to have marital relations several months after moving out
Would the answers above change if corporate cell phone/email records could show that the spouse and paramour continued to see each other prior to separation?
How difficult and expensive is it to subpoena corporate cell phone/email records from large companies with a large legal staff?
Would the answers above change if the spouse and paramour are dating while separated (not divorced)?
Does the alimony claim get better or worse considering the supporting spouse had the affair above, yet the dependent spouse was and is voluntarily un-employed for almost 4 years which required them to use up their savings?
What is required to prove marital misconduct due to emotional abuse? Assuming this is difficult to prove, how do journal entries of emotionally abusive behaviors factor into an adultery and alimony claim.