Legal Questions!

Unless I have video of him and hoochie mama, their is nothing I can do?
Why have I not been told any of this?

 

I would ask your attorney.

 

You have to have solid proof that the affair happened while you two were living together. Like pictures of them kissing, etc. and about the only thing that will come from that is you can sue her for alienation of affection.

 

Thanks everyone for your input

 

Hire a private investigator

 

That all depends. Just out of morbid curiosity, why do you want proof of his cheating?

Perhaps you didn't ask.

Oh, BTW, back on the computer thing. Perhaps your lawyer understood how easily it would be for his lawyer to get out of the situation and felt that it was not worth the effort (and money).

Also, any emails would have to have been made while y'all were together. If you're separated, and he's seeing someone else, he's not cheating.

 

They are no longer living together, so I think it's too late for that. I don't know, but I'm guessing if you are living apart, you can do what you want. Unless the PI could provide evidence of affair while you were living with your spouse.

 

Hmmmmm

 

Alienation of affection is a separate suit from a dissolution of marriage.

Seems to me that if you want to be divorced, you should take the path that provides for your needs with the least amount of confrontation. Not talking about rubbin' his nose in it to punish him. If the facts are verifiable, then he is a low life, and you are better off without him.

In order to win the alienation of affection suit, then you would have to sue HER, and that gets messy and expensive. It's a civil issue, so other than possibly getting a moral judgment and an order for restitution/damages that will be far less than the amount you spend in PI's, court costs, and attorney fees, there won't be much satisfaction there. Especially if you have children, because they'll always know that you got their daddy (and a possible step mother) into trouble.

You haven't mentioned children. If you two have them, I'd suggest you two get into counseling for parenting skills. (Not sure if NC requires it yet for divorcing parents to attend a 3-4 hour class that attempts to show some of the effects of divorce on children, and coping methods as Florida does) But, you will be a parent for the rest of your life and that of your kids, and so will he.

Best advice, try to negotiate the finances with a court appointed mediator, follow the state suggested financial guidelines if child support is involved and make sure it's paid through the clerk of court to preclude late/non payment.

Then, live a good and happy life. That's the best revenge. Live well!

Good Luck!