Using evidences for leverage on settlement agreement

Let say, I have evidences that sufficient to pursue a lawsuit for adultery, alienation of affection and criminal conversation. I know adultery isn’t doing anything with custody/asset distribution. However with having those evidences, is it possible that I can use them as leverage on settlement agreement?

  1. Wonder if this is common strategy to deal settlement over the evidence I have.
    if so, how efficiently it works? I know it could be case by case but in general… or your opinion

  2. If I sue the paramour for Alienation of affection and Criminal Conversation I guess this paramour’s marriage partner would want to sue my spouse as well. Could it be also a matter for my spouse to decide whether she is willing to negotiate with the terms I bring the table for settlement?
    I guess it is also case by case but is it a possible scenario in reality?

(1) You could use this evidence as leverage in settlement negotiations, particularly for equitable distribution or alimony issues, to get a better deal for you in the event your spouse wants to include a third party waiver which would prevent your right to sue for alienation of affection and/or criminal conversation (i.e. your spouse would have to pay for that third party waiver, thereby giving you something beneficial in exchange).

(2) It is possible that the paramour’s spouse could sue your spouse for alienation of affection and/or criminal conversation. Your spouse may be will to negotiate terms in your favor with the evidence that you have assuming it proves alienation of affection and/or criminal conversation.

Anna Ayscue

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

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