Questions after separation agreement


#1

That is sad. It is only illegal to have sex with someone who is not your spouse. I have to assume that the PI got pictures of you in the act?? This is the only way to prove it. If you are separated then there really is not a whole lot that can be done about you dating.
Now, if this relationship were going on before you separated then yes, your husband can go back and sue him for Alienation of Affection, but he will have to prove that there was a viable marriage and that the relationship was going on before the separation. You stated that you were both seeing someone so why is it ok for him and not you? I would think that you could do the same to your ex’s new interest. Your friend’s attorney is protecting him. In my opinion he could use the paper you signed as a sort of “confession” by you.
You are still entitled to Equitable Distribution as long as you file claim before the divorce is final.
“Fault is not relevant in an equitable distribution proceeding, except to the extent that marital misconduct has had an economic impact on the marital estate.” I would suggest that you get an attorney and file for ED.


#2

Thank you for your reply. No, he didn’t have pictures of us in the act but did have pictures of him kissing me in public. I have an attorney and have already signed the separation papers and in the papers it says that he cannot sue anyone affliated with me, including my friend. But my STBX’s attorney says that if he chooses too, he can still sue him. I actually waived my ED rights just to get my STBX out of my life. I signed everything over to him so that I could get on with my life and hoping he would do the same. I can still sue his girlfriend for the same thing but that would only tie me to him longer. I just want him out of my life period. I hate this one year waiting period. It’s hard enough to decide to get a divorce and then having to wait another year is unbearable. Thanks again for your kind words and response.


#3

I could be mistaken but I’m not sure that kissing is considered marital misconduct. If this all happened after you were separated then there’s nothing he can do about it anyway. I understand that you are willing to give up anything and everything to get this person out of your life but if I were you, I wouldn’t be so quick to do that that you cut your own throat so to speak. Think long term, instead of right now. Things do get better with time, believe me, and it may make a difference in two years that you have the money from the marital home. If your STBX is threatening to sue, then you can do the same thing. Don’t let him intimidate you into not pursuing a life now that you are separated. Just my opinion though. I hate to see anyone get shafted because they are too close to the situation to see that that is what’s happening.


#4

Dear Justwantout:

Greetings. No, if you have a waiver, then your friend can plea that in bar to the claims. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#5

My husband and I separated in January and we each began seeing someone else this spring. He wanted everthing signed over to him but I insisted on Equitable Distribution. He had a private detective to follow me to get evidence of me being with someone else. He threatened to file suit against this person so to get rid of him I signed everything over to him and he even received money from this other person because we both just wanted my ex out of our lives. After signing a paper stating that he could not and would not ever try to sue this person again for anything he recieved his money and went on his merry way. My friend’s attorney has recommended that he cut all ties to me until divorce is final. He said that my ex can still come back and sue him even though he signed that document. Is that true?