Wife needs help

What is the name of your state? West Virginia

My husband is involved in a AFFAIR with a woman whom has had multiple affairs. The affair has been going on since Oct 2002
The woman has possibly filed for divorce from her husband

I can prove the AFFAIR by phone records and copies of the business phone calls ( my husbands business monitors and records phone calls at his office ) My husband knew that the phone calls wa sbeing taped he just didnt know that i could get access to them
security camera tapes of her entering an
d leaving husbands office
My husband owns the business she was to have had a final divorce hearing on Aug 15th and I think since her husband was going bring the affair and abortion out at this hearing she dropped her divorce for him to refile ?? the night before her divorce while i was out of town He brought her from his office to our home for a few hours MY HOME ( our home has security taped survelliance also I have the tapes ) from 5 pm to 9 pm

There is pictures of them together and emails and chat logs
The woman instigated the relationship up till then I think we was a happily married succesful couple with 4 children

the other woman her and her husband are fairly successful and well to do also they have 2 children

The other woman became pregnant in November of 2002
and had an abortion in janurary 2003

CAN I SUE THE WOMAN FOR THE DAMAGE SHE HAS DONE TO OUR MARRIAGE ???? I dont care alot about winning the suit I mean if i lost i can accept that I can not accept not doing anything
I do not work an dhav ebeen a house wife for 18 years
We married at 16 and are 35 now
Our 4 Children are 17 12 and twins 8


Things I can prove about the woman are

She instigated the relationship
She has had numerous affairs ( about 8 in the last 3 years )
of these 1 lasted 1 1/2 years and teh others was one night 2 night stand flings
She would meet men on the internet
She became pregnant and had abortion
She would leave her children home alone Ages 8 and 13 to go meet my husband and *(^#&( fo rhours while the kids where home asleep
and she would sneak him in out at night while the kids was asleep
Can i anonimously file a complaint with the Dept of human services against her for this ??
I can prove that the relationship with her has affected my husbands work and our income
He has bought her lavious gifts
that he pays about 900.00 cell phone bill a month since the affair started versus his usual 75.00 month bill before the relationship started

please any help would be appreciated
Can I not initiate a lawsuit for the AFFAIR against her and him or just her ????
what would i be suing for what legal terms would this be ????
I know my husband loves me and the kids but she has him trapped and he loves her to but we have 18 years together

PLEASE HELP

THANK YOU '

Originally posted by wifeneedshelp
I know my husband loves me and the kids but she has him trapped

Don't fool yourself into thinking that's true. Your husband chose to be with that woman, just as he chose to continue the relationship. I seriously doubt she has him "trapped."

My advice: Get a divorce. Why would you want to still be with a man that betrayed you like that?

[kat1963]

Only 9 states (soon to be 8) still have alienation as a cause of action on the books. Sadly, WV isn't one of them. However, it is a fault state. File on grounds of adultrey. Ask for custody, alimony, child support & a huge chunk of the joint property. Hopefully her ex is doing the same. That way, since she wants him so badly, she should enjoy living with a BMW (Broke Man Walking).
Now, go see a kick butt FAMILY law attorney. Don't be a fool, she didn't hold a gun to his head!!! The bugger has enjoyed himself, now it's time to pay!
Good Luck!
KAT

there has to be some way to sue even if i loose i want her to pay also

and hes offered to gimme a divorce and the house cars and 2500 month for 10 years

but he is worth at least 1 mil plus he just hides it very well

Don't take his offer then...do as kat said and SEE A GOOD LAWYER!

is there not any way i can sue her also I dont care if i loose i just want her to pay also
what grounds even if i loose could i claim against her

[Grace_Adler]

Besides ailenation of affection, the only other thing I know you can try to get her for is criminal conversation and illicit sexual.. oh crap, something or other, I forget. There is also lewd and lucivious behavior.( I have no idea if I spelled that right, I don't think I did.) I have no idea if WV will allow you to file on that or adultery. Most of the time, most states won't enforce adultery.

you think u could find out what all i can try to get her for
I just want her sorry tramp ass in court thats all

[Grace_Adler]

I don't blame you, I would too. I have had someone that I loved very much cheat on me, so I know exactly how you feel, you don't have to explain anything to me because I already know. What makes it even worse is that the !@#$%&* tried to befriend me to use me. If I could.. well, let's just say there are things I want to do to her and if I could do it and get away with it, I would do it and not think twice. Just remember, this could drag on for a long time, it could be made very public and it might just keep reopening this wound. Only you know if you are strong enough to handle that and if you want that. They could take out charges on your husband as well. That's something else to consider. It's up to you if you want to take that chance or not or if you care.

I will see if I can find anything though.

im very comfortable with it being made public its her that would do anything to keep anyone from knowing
I mean even her parents ( they are close ) dont know about her abortion

she would be the black sheep the family

I have poured my lif einto my husband and i have few friends my 4 children ar eonly family i have here my family lives out of state

All i know is she was to have been divorced yesterday but sh edropped her divorce forcing her husband to file
she does not want anyone even a judge or someone in the court room knowing ( i heard the call between her and my husband yesterday )

so anything anyways I can sue would be sweet revenge
I dont care about the money I never have
an d yes ive dealt with this for 10 months now and it hurts but I am thinking clearly

BTW is it possible to supenoa yahoo for her chat records or anything ??
is it possible to supenoa her doctor or her to hav eto provide the abortion record
just a few questions
even if i never get her to court just knowing what it will do to her emotionally to kow shes getting sued and gets served with some kind of suit is enuff fo rme

[Grace_Adler]

Well, this is interesting..

§61-2-8. Abortion; penalty.
Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman die by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.

ok any website or link to that code ??

what about emotional distress ??

[Grace_Adler]

Yeah, here is the link to the website, but this goes to the next statute I'm about to post...

[url]http://129.71.164.29/wvcode/61/masterfrm2frm.htm[/url]

§61-8-3. Adultery and fornication; penalty.
If any person commit adultery or fornication, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty dollars.

I don't know about emotional distress. I guess it's a possiblity. Remember too that even though these statutes are on the books, doesn't mean the DA or judges want to take the time to enforce them. I know they are important to people like us, but they aren't to them.

This one is better..

§61-8-4. Lewd and lascivious cohabitation and conduct; penalty; when persons presumed to be unmarried.

If any persons, not married to each other, lewdly and lasciviously associate and cohabit together, or, whether married or not, be guilty of open or gross lewdness and lasciviousness, they shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty dollars, and may, in the discretion of the court, be imprisoned not exceeding six months, and, upon a repetition of the offense, they shall, upon conviction, be confined in jail not less than six nor more than twelve months. In prosecutions for adultery and fornication, and for lewdly and lasciviously cohabiting together, the persons named in the indictment shall be presumed to be unmarried persons in the absence of proof to the contrary.

I knew I misspelled lascivious..lol.

You know, it's my opinion that if this was enforced more often, maybe this would be taken more seriously. Maybe the divorce rate would be lowered, there would be less children born that are probably unwanted, less actions for child support and less parents keeping the other one from seeing the children. There might be less people to go on welfare. Maybe the rate of people catching stds would drop too. Not to mention the damage it does to the other person is beyond comprehension to most, especially to those who haven't been through it. This subject is downplayed too much. But like I said, that's just my opinon. Of course, in order for this deterrant (sp) to work, the punishment would have to be worse.

The thing is that according to statistics, less than 5% of affairs last.

I really think you should get a consultation to pursue all your options and find out what the statute of limitations are and if these things can be enforced.

i can prove that she had the abortion but I can not prove who performed it could i go after her with this abortion thing since she caused the abortion to tak eplace Im sure we could supenea her medical records
What about her not notifying teh father of the aborted child till 2 months after the abortion ?


i also seen these laws i think ill try an d get the magistrate to issue a criminal complaint


62-9-20. Indictment for adultery.
61-8-3. Adultery and fornication; penalty.
61-8-4. Lewd and lascivious cohabitation and conduct; penalty; when persons presumed to be unmarried.

[Grace_Adler]

I don't think they are going to care about her not notifying the father, but I could be wrong.

I also added some stuff to my last post.