Dear John Doe:
Greetings. Can you prove that your wife committed adultery?
She may just be pushing your buttons on her threat to get you to agree to pay her alimony. I would call her bluff as you can subpoena the boyfriend to a hearing and serve Request for Admissions on her to get her alimony claim dismissed. My advice, blow her off and file for divorce.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Thanks a lot Ms Jane for the kind advice.
I have a follow up question to your advice please:my spouse has admitted in Instant messenger conversations while we both were at work separately that she cheated and she will deny it in court. Are those IM admissions admissible in court?I also have emails between her and her lover exchanging the good ‘night’ they had together;it was based on these emails that we broke up because she owned up when I confronted her with them. I did not break into her email account-she simply forgot and left her secret email account open when we lived together and I read and printed emails from there.
If the above is not admissible in court, would you recommed I hire a PI?
Which of these 2 forms of evidence is more expeditious to escape alimony by proving the adultery?
FYI we are separated for 6 months now.
Dear JohnDoe:
If you had hired a PI when you learned she was cheating, that would be the best evidence. Evidence now of her relationship with this fellow is not really dispositive.
The evidence you have may be admissible, depending on if you can get it subpoenaed from another source. The bottom line is that you will probably settle outside court once you show the e-mails to her and keep a copy for yourself. Just hire an attorney and get a settlement with her. The attorney will know how to deal with the cheating issue. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Thanks for the advice.
When you advice me to hire an attorney and that the attorney will know how to handle with the case,do you mean the lawyer will tell her that she stands no chance to win in a divorce court? The problem with that is she knows that I have the emails and like I said, she has admitted to cheating,only she says she will not admit to it in court.
At this point I have 2 peieces of evidence only:
1.IM chats in which she admitted to cheating and indicated ‘she wont admit to it in court’
2.Emails between her and her lover
3.I have the phone # for the current lover shes messing with and with PI I can get video of her escapades.
Is it possible to work with these pieces of evidence to win a case? Shes determined to squeeze me financially,despite knowing she broke the marriage because she says I cant prove it.
Ms Jane,
Also, please advice what is CRIMINAL CONVERSION in the context of separated spouse having relations with someone else during separation and whether this impacts an alimony defense.
Does your law firm handle mediation efforts in cases like mine and if so how does that work?
Its my view that spouse who knows that the other spouse has chosen the lawyer may feel that the lawyer will be 'looking out’for their client and hence refuse to cooperate.
Dear JohnDoe:
Greetings. First, the evidence you have can be used to impeach her in court (show she is lying) and I believe it is sufficient for what you need.
Our law firm does collaborative law, mediated settlement conferences, negotiations, and court. We do it all when it comes to family law.
Your wife is definitely committing adultery, but her crimes are the least of your concerns right now. As far as criminal conversation, did you need me to point you to the section on our website that describes it? Keep your head up.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Hi There,
I have a question that I hope can be easily answered. Is it legal to use your spouse’s work email account and password without permission to access the emails he or she was sending to a third party with whom there might have been a love relationship ?
I’m in the middle of a discussion regarding alimony with my ex, and I want to make sure I can have emails admitted in court, even though I heard that a certain law on wiretapping might prevent that from happening.
Many thanks in advance.
I have simple question. I separated from spouse due to her adultery, and I make like $50K more income than her. Well, I want to divorce her now, and she says she will ask for alimony.
Will they make me pay alimony even when she is the one who broke the marriage? FYI, we were married 2.5 years, no kids, no home, no thing together.