Wife wants me to leave


#1

My wife is wanting me to leave, things have been difficult for a while. She wants to stay in our home with the kids while I move out. At this point, I dont care…She has a emotional affair going on that she doesn’t know I have info on. There is no way she’ll see him (she isn’t that naieve) until we separate so stalling isn’t going to work. Neither of us can afford attorneys at this point. She just wants me to “pay the bills” until she gets a full time job at the end of the school year. Seems like a moot point to stay at this time and that would be best for the kids. She seems to be reasonable with her requests so far, just seems itching for me to leave. What repercussions are there for me moving out. We both want to do this without having to end up with court and expensive lawyers. I have info on thousands of texts, pictures, calls, being sent/received all hours of the day. I feel helpless cause I can’t afford an attorney or PI.
Do I have to have a PI to prove she has a relationship after we separate??..thank you.


#2

*not an attorney

You should wait for a reply here, do the $200/mo thing here, or do free or low cost consultations.

Don’t move out. Your probably giving up the house, custody, and alimony and cs by doing so unless you have strong proof of an affair before moving out.

Encourage her to get a job, will save you a ton on alimony.

Your not going to have to have much proof on the text/pics, etc unless you subpoena records. You have to move out and be separated to get a case and subpoena your wireless carrier. Carriers do not want to turn them over. From what I have read online: Verizon is specially very difficult to get them from. There is not much info posted online but I’ve heard Verizon only keeps for 2 days and its a uphill battle unless there is a subpoena in a criminal case. Its been said online that other carriers give them up easy on any subpoena and keep records back 30 days.


#3

You don’t give up any rights if you leave the house, but you will have to pay for another place to live. You may have an action against the other guy for alienation of affection.


#4

What is required to prove alienation of affection. I only have the texts and phone records…


#5

In this particular situation – she should move out.

Though Ryan is right that you legally do not lose rights, the law is not always practical. Any personal possessions you leave behind can be difficult to get to later. You will also be responsible for the cost of your new place of residence, as well as most likely post-separation support to keep up your old home. She can also use this as an argument to keep the old home, which could factor into alimony if she is deserving of such.

Since she is the one wishing to end the marriage, I would require her to move out.

Alienation of Affection is very expensive to litigate (think 10’s of thousands, with one case I read costing 100k in attorneys fees). However, keep your records of her affair (phone texts , etc.) as this will be a bar to alimony.


#6

To sustain an action for alienation of affection you must show that love and affection existed between you and your spouse, and that actions of the 3rd party alienated that love and affection.