So we have agreed to separation terms. Have a visit with an attorney planned. This has been ongoing for months now. One of the biggest reasons for the divorce is the controlling nature of my husband. A friend has invited to dinner at thier house on Friday. I’m scared to go because of my husbands suspicious nature and am worried he might follow me or try to say I’m cheating. He’s made threats that he’s going to try to do everything he can to prove I’m cheating on him(I’m not, nor have I ever) can he use me going to dinner with a friend against me in anyway?
Your husband can use events from during the marriage (date of marriage to date of separation) to prove you committed an act of illicit sexual behavior. If you’re already separated, then events that happen after the date of separation can be used to corroborate evidence of illicit sexual behavior during the marriage.
To prove illicit sexual behavior, your husband would have to prove that you had the inclination to commit such an act (i.e. text messages, emails, hotel receipts, etc.) and that you had the opportunity to commit the act (i.e. a PI sees you walk into a hotel room late at night with another person). Note that illicit sexual behavior is what must be proven, not simply an “affair.”
Going to dinner with a friend, by itself does not prove an illicit act of sexual behavior. To be extra careful, perhaps you could go to dinner with other people included instead of just the two of you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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