Wife Cheated now Cheating With her manager

North Carolina Divorce Law Divorce and Separation Answers
1

If the third party (her boss) is responsible for alienating your Wife’s affection from you, meaning you had a happy marriage until he came along, you could sue him for alienation of affection and criminal conversation. If you succeed you could be awarded monetary damages. You cannot sue the company though, only her boss individually.

She would be entitled to whatever portion of your pension was earned while you were married and that would not be affected by adultery. If she is committing adultery she would not be entitled to alimony, the phone calls are highly suggestive, but if you want to make sure that her alimony claim is ended, you will probably need more evidence, such as a report from a private investigator.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

I’m in the military and recently returned from my second tour in the Middle East. Upon my return I relocated my family to North Carolia. My wife is an accountant and she started working immediatly in NC.
My issues are.

  1. I didn’t find out about her previous relationship before moving to charlotte until recently. I have proof that she cheated in a form of an email where she asked for forgivness. We have been together for 16 years now and have two toddler aged children.

  2. She is now in what she denies is a relationship with one of the managers at her company who also happens to be married. All I have is phone records that show them calling each other every morning at 0630 (which is when she normally gets up) and late night phone calls and text messages. I am also aware that they have been taking luches together because she was seen at dinning facility by my sister-in-law.(my brothers wife). I have contacted the guy that she works with and made it clear that I didn’t want him calling m wife at home on her cell phone or at work unless it pertained to their job. He laughed and said whatever.

Do I have an argument to file for adultry and can I sue the other party for AoA and is there any statue that will allow me to sue the company they work with under the AoA.

  1. Is she entitled to any of my military pention or alimony?

Thanks
CTN2(SW/AW) George
Surviving Two Tours in the Middle East was far easier then to come back to the states to find my find dating her Boss