Question about before Separation was signed


#1

Yes my question is that back in July 2009 my ex decided he wanted a separation/divorce. I always question about another woman and he always denied it to me and his two adult girls, which the woman we knew of. I have print out where him and her were constantly txting each other and brought that up to him also, again he denied it. Well in the middle of Dec. our separation papers were signed. I recently found out that at the beginning of Dec. he had went to a jewerly shop and had purchased an engagement ring before we had signed our legal paperwork. A friend of ours had spotted him and her at the jewerly shop and again I had the same question and of course he denied it saying I was making it more out to what it is. I question to him about the two of them spending Thanksgiving with each other at her home in Arlington Va or at his sisters home in Hampton Va, which more likely that’s where he was, and again denal.
Well people say that what you feel in your gut is the truth. Well needless to say the two of them psc to Texas and then they both went to combat for a year. While in combat he proceeded with our divorce papers the end of July.Needless to say they are both back in the same state again. Well it shown through pictures that they were engaged while on a visit down in FL. I asked this man several times to tell the truth and no nothing was said probably due to both of them being in the military and they could get into trouble. I feel that this woman was the cause of 28 year ending marriage, because before he got sick nothing was ever brought up about leaving his family. Can anything be done with this situation?


#2

The only possible legal recourse you might have would be against the other woman. This would be a claim for alienation of affection and criminal conversation. Both claims would really necessitate your hiring an attorney and are pretty expensive to litigate. Therefore, these claims are only worthwhile if the paramour has sizable assets.


#3

Thank you. Just think that its really unfair on how this could happen. I don’t know what assest she has, but knowing from the military life I do know that this is not acceptable. I would also think that the ex should would be held some what responsible to due purchasing an engagement ring before any legal paperwork was signed and sealed and still married. Having a gut instinct that she wore that ring while he was still married, and more likely since they both were in tx they more likely lived together for the 5 months before heading to combat, wouldn’t that be something pertaining to a separation binding contract and him still be married? Would this not be part as breeching a contract?


#4

His being engaged and living together prior to the divorce being finalized is not something you can legally act upon. Of course if he married her at that time, he would be a bigamist. As it is though, it’s not really relevant in your case (aside from possible AofA and CC claims). You may begin dating at any time after the separation legally speaking (though engaging in sexual conduct is still adultery until you are divorced). Adultery is only really relevant in the context of spousal support, and what he is doing will likely not have an impact one way or the other on any alimony you are awarded. You could file for alimony, but would have to prove you are actually and substantially dependant on his income to maintain your standard of living.


#5

His being engaged and living together prior to the divorce being finalized is not something you can legally act upon. Of course if he married her at that time, he would be a bigamist. As it is though, it’s not really relevant in your case (aside from possible AofA and CC claims). You may begin dating at any time after the separation legally speaking (though engaging in sexual conduct is still adultery until you are divorced). Adultery is only really relevant in the context of spousal support, and what he is doing will likely not have an impact one way or the other on any alimony you are awarded. You could file for alimony, but would have to prove you are actually and substantially dependant on his income to maintain your standard of living.