I’ve caught my husband having an affair. Can I get in trouble legally, or otherwise hurt my case, if I expose the affair to the other woman’s parents/friends in an effort to get it to end? Are there issues with doing so via social media publicly? What about via private messages (Instagram, Facebook, etc.)?
You can’t get in legal trouble for exposing the affair to other people however, you may want to consider not telling anyone that you know about the affair so that you may collect the evidence that you will need for future alimony purposes. Be careful not to condone the adulterous actions.
Illicit sexual behavior (a form of marital misconduct that affects alimony) is very difficult to prove. By you not telling anyone that you know of the affair, you may be able to collect the evidence that you need to prove the affair was going on. Take a look at our article What is illicit sexual behavior? to give you an idea of what you may need to prove the affair happened.
I have gathered enough evidence to prove opportunity and inclination, though I’m not sure whether it could be used in court.
Legally speaking, what types of things would be considered condoning the affair?
Condoning an act or acts of illicit sexual behavior would happen if you continued to stay married to your husband while knowing about the affair, continued to have a sexual relationship with your husband while knowing about the affair, etc.