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#1
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Adultery Or Not?What is the name of your state? Alabama Ok here's my situation. I met a woman who her husband and herself have been living apart for over 6 months. They agreed to pursue a divorce after he decided he did not want to have kids and she did. As I was informed it was a mutual decesion that they decided it would be best for the both of them in the long run. They were going to maintain a friendship and everything was supose to be hunky dorey! Well they decided to stay married on paper so that he can still be covered by her insurance and also so other things for approximately six months until he made arrangements. He moved into his parents house and she stayed at the house. She advised him that she was going to pursue dating again to find someone who also wanted to have kids and he agreed and had no problem with it. Well she met me and we both wanted the same things and had alot in common. She still talked with him everyday and told him everything about me. Things were going well and she invited me to her house and he was advised that I would be coming and staying over night with her. We ended up having sex that night and by morning she felt very guilty. Later that night he came over and was asking how everything went with us and she told him everything. His attitude changed after finding out all the facts and he began to be ugly to her. A week went by and she had strong feelings for me and was ready to get her divorce started since he had become such an idiot. Both parties signed the papers and they submitted them last week. Today she gets a call from his attorney stating that the divorce had been put on hold and he was pursuing her and myself for Adultery. Now my questions are, Am I liable? Can he pursue me in anyway? Is she Liable? Can their verbal agreement for her to start dating again hold up in court? What happens with her Divorce, why is it held if they both signed and submitted the papers. Can only one party hold up the divorce if it has already been submitted, because only one party doesn't want to continue? At first they decided that she could keep the house and her belongings and he kept his, now he is trying to get the house and put her out on the street. Any answers would help Thanks for your time |
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#2
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| First of all, there are two types of adultery in Alabama. (Yes, I know, but it's not with or without trailers in the story) The first type is: The misdemeanor created by the statute of the state, (see Clay’s Dig. 431, §3,) of the living together of any man and woman in adultery, is materially different from the mere offence of adultery or fornication, and is punished in a different way. The meeting together of parties unmarried to each other, at one or more times and places, and cohabiting, would complete the offence of fornication or adultery, as the parties were or were not married persons. But to create the offence created by the legislature, the parties must live or dwell together –continue or reside with each other as man and wife. The other form of Adultry is the fornication of unmarried persons while married to another and is grounds for divorce but not a criminal offense. As to ancilliary issues, Mere adultery on the part of one of the parties, however, does not result in an automatic award of custody to the other. The key question is not simply whether adultery or other wrongdoing has occurred, but rather whether the behavior complained of has had (or presumably would have) a detrimental impact on the child. Any way you look at it, you are not a part of their situation and the husband, other than kicking your ass, can't touch you. And the next time he wants to get 'nasty' to you for 'Plugging' his wife, just tell him to prove it. He can't unless she admits to it, which would be stupid on her part. |
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#3
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Adultery or Not?Thanks for your reply. As far as our relationship goes, should we cut communications from each other until things blow over, or does it really matter now? Like I said in my opening, she told him what happened between us and whether or not she will withdraw her statement if asked by his attorney or tell the truth, I don't know. The X is former Law Enforcement and knows what he is doing and he might already have something up on her if she tries to deny anything, which being caught in a lie at this point could have a worse outcome. If she denies it, is there anyway that I can be brought into their situation, meaning would they come seeking answers from me? I think on her part, being truthful to the end is probably a smart idea when dealing with someone like him. Apparently the STBX husband recorded my tag number for some reason and pulled information on me. After reading the statue on Adultery, I wasn't really worried about me anymore however I posted this for answers just in case I missed something. I am really worried about her situation and I'm trying to help and offer advice on things I know nothing about. Once again I thank you for your reply. Anymore advice would be greatly appreciated. Thanks for your Time! |
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