If your husband is bold enough to admit to adultery then he has committed a marital fault. You can sue the other woman for alienation of affection. If sueing isn’t an option, then you should let her husband know about what she is doing; I’m sure he doesn’t know because she sure isn’t bold enough to tell him that she’s in love with someone else. Your husband sadly enough is using your disability to hurt you.
The marital fault issue is complicated by when you found out about this affair. NC is a no fault state and if you have condoned the affair (had sex with your husband since having knowledge of the affair) then it’s difficult to say whether or not you can make use of the affair in a divorce.
I believe that you must be separated before you can sue for Alienation of Affection…but I may be wrong. If you do not intend to separate, then legally the only option you have is to present the adultery and see if you can press charges against your husband. Adultery is considered a misdemeanor and is rarely prosecuted. Informing her husband is a choice you must make for yourself and I suggest to consider all the implications and repercussions of that action before you make it.
If this woman was responsible for alienating your Husband’s affection from you, and it certainly sounds like her behavior is fairly egregious, then you could sue her for Alienation of Affection. These lawsuits are expensive and it would likely not be worth it unless she has significant assets.
If she is engaging in a sexual relationship with your husband, you may be able to sue her for criminal conversation.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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.
I WANT TO KNOW WHAT CAN BE DONE TO THE OTHER WOMAN, THAT IS CHEATING WITH MY HUSBAND,IS IT WRITTEN SOMEWHERE THAT I CAN SUE HER. I HAVE BEEN DEALING WITH THIS OTHER WOMAN FOR TWO YEARS NOW, SHE HAVE BEEN TO MY HOME WITH MY HUSBAND WHILE I WAS HOSPITALIZED FOR SEVERAL MONTHS, I FOUND OUT THROUGH TEXT MESSAGES, I CONFRONTED MY HUSBAND AND OF COURSE HE DENIED IT, EVEN THOUGH I READ THEM FOR MYSELF. THIS OTHER WOMAN HAS CALLED TO MY HOME, TALKING TO MY HUSBAND, HE LEAVES AND GOES TO BE WITH HER. MY HUSBAND RETURNS HOME AND THEN TURNS ABUSIVE TOWARDS ME, AND I AM DISABLED, AND THE OTHER WOMAN KNOWS ALL ABOUT ME AND EVERYTHING THAT GOES ON IN OUR HOME. SHE CONTINUES TO DISRESPECT ME AND CHOOSE TO BE WITH MY HUSBAND, SHE IS MARRIED ALSO. I DONT KNOW WHAT TO DO, CAN SOMEONE HELP ME? I LOVE MY HUSBAND AND I WANT TO BE ABLE TO FORGIVE HIM FOR WHAT HE HAVE PUT ME THROUGH. ITS HARD WHEN HE NOW TELLS ME THAT HE IS IN LOVE WITH THIS WOMAN AND THAT HE WILL NEVER LET HER GO. I ON THE OTHER HAND HAVE NO ONE AND WITH NO PLACE TO GO. I CANT AFFORD IT.