I am separated with my wife and I am suing her to stop homeschooling our children and to get a 50% custody agreement. She has signed a consent form on school and we have a draft respectively. Making progress.
This has, and will continue to be, very expensive. We are self employed and she owns 50% of our business. There are 6 children involved and understandably a very difficult process.
I mention this as background b/c the damage done by - what I suspect to be her boyfriend - is extensive.
She has been served an extensive discovery request and I think I should proceed with requiring her to submit this. The phone records could be the first real evidence of this relationship. My lawyer has temporarily suspended this b/c she is cooperating.
My question, what evidence is required to sue him? Avoiding alimony requires evidence of intercourse I understand. Do the same qualifications apply here?
Loss if business
Emotional trauma
Expense in separating
(what others would you list as damages)
Please let me know what evidence would build a strong enough case to proceed (e.g. calls, texts, etc enough.). Obviously I will ask my attorney, but I value Rosen council.
For an alienation of affection and/or criminal conversation lawsuit and or proving illicit sexual behavior to avoid alimony, you will need evidence such as phone call and text records, text messages, Facebook messages, emails, hotel receipts, and private investigator notes/footage, etc.
To prove illicit sexual behavior you must show that your wife had the inclination to commit an act of illicit sexual behavior during the marriage and that she had to opportunity to do so. Our article What is Illicit Sexual Behavior contains more detailed information.
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