Me and my wife have been separated since august 2016 then in February 2017 we started talking and She allowed me to come and see our kids and spend the night at 2 nights a week. At the time I was living in sc so it was a 2 hr drive for me and was doing it twice a week.Then 1 week went by and we started have sexual relations again while I spend them 2 nights there heck I’ve even bought lingerie for her several times and this has been going on for three months. Even when I’m not there she calls me and face times me every night to talk.we have even gone out on dates together and I’m still hanging out with here and our kids and this has being going on since February 2017…I’ve since moved up here to hickory to be close to my wife and kids thou we still live separated but I’m over there a lot seeing her and my kids and helping her out. Plus there is no separation agreement in place…know I also just found out she has a dating profile online and I have snapshots of it and also found out she has a guy spending the nights there when I’m not while our 3 kids are there. I’ve asked her about him and she gets all mad at me and says they are just friends.I know the guys name and trying to get more info im not sure what all my wife has told him or not told him but can I get him for Infidelity & Alienation of Affection for interfering in my marriage? Since me and my wife are still married and we can’t start the divorce till next yr
You likely do not have a claim for alienation of affection.
In order to have a claim for alienation of affection, you must be able to prove 3 things:
(1) You and your spouse were happily married and there was genuine love and affection;
(2) The love and affection was alienated and destroyed; and
(3) The other man’s wrongful and malicious acts caused the alienation of affection.
Since you had already separated at one point previously, you would have a difficult time proving that you were happily married with a genuine love and affection and that the other man caused the alienation of affection. This would be true unless you could prove that your wife was seeing the other man prior to the time you separated.
For detailed information about alienation of affection, check out our article Infidelity and Alienation of Affection.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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