What can my husband legally do to me?

[clarifygoddess]

My husand found out that I'm having an affair, though it has not turned sexually yet. He now wants to get a divorce and has instructed me not be in contact with the other party until the divorce is final? Should I keep my distance from my "friend"? What legal recourse does my husband have?

 

[I AM ALWAYS LIABLE]

My husand found out that I'm having an affair, though it has not turned sexually yet. He now wants to get a divorce and has instructed me not be in contact with the other party until the divorce is final? Should I keep my distance from my "friend"? What legal recourse does my husband have?

My response:

When you don't read and follow instructions (much like your husband is doing to you), then no one can help you. Did you read the instructions in RED words ? Tell us what's missing from your post.

IAAL

 

[clarifygoddess]

I'm in South Dakota.

 

[Grandma B]

SD definition of adultery: "Adultery defined. Adultery is the voluntary sexual intercourse of a married person with one of the opposite sex to whom he or she is not married."

Since you've said your relationship is not sexual, he'll have to find other grounds under which to file.

As an adult, you have the right to choose your friends. It might be wise to "cool" the relationship until things are resolved, but not because he forbids it. If you have children, I'd advise putting the relationship on hold. Can't hurt and might help.

 

[clarifygoddess]

Thanks for responding....

He's now wants to go for "alienation of affection." Can he?

 

[Grandma B]

Alienation of affection doesn't make sense. That is something that used to be filed against a third party, not one's spouse. I think NC is the only state that still has a law covering it, but even there, it would be a suit separate from a divorce action.

 

[alax]

obviously, you don't want to be married to this man, or you wouldn't be having an emotional affair. why not just give the man an uncontested divorce and not involve the courts more than you have to do in order to leave the marriage that you don't want in the first place?

 

[clarifygoddess]

I'm not contesting the divorce, in fact, I'm being more than generous. We had filed the divorce before he found out about the affair. I was just interested in what might change now in our divorce settlement becuase of the affair.

 

[Grandma B]

obviously, you don't want to be married to this man, or you wouldn't be having an emotional affair. why not just give the man an uncontested divorce and not involve the courts more than you have to do in order to leave the marriage that you don't want in the first place?

An uncontested dissolution would be great, IF she was getting an equitable distribution. Doesn't sound like she's getting that using his attorney.