Setting spouse up..can I?

Hello, I saw my husband has a new app on his cellphone. He lets me use his phone sometimes and he is obviously careless because I saw he has a new app on his cell phone,
KIK app that is known as a cheaters app. I have installed a KIK app on my cellphone under a false name and have been talking back and forth with my husband. He thinks I am a girl who lives in Raleigh. He wants to hook up with me somewhere. Can I use this in court to prove adultry on his part? HELP! :frowning:

PS He is going by his REAL name on the app.

No, you will not be able to use this against him for adultery. This is because you must prove an act or acts of illicit sexual behavior that occurred during the marriage in order for it to be considered marital misconduct.

If you think this is something your husband may be doing, you may want to consider hiring a private investigator. A private investigator can legally collect the information and documentation you would need to prove an act or acts of illicit sexual behavior.

Check out our detailed article Can a Private Investigator Help My Divorce Case? for more information.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.