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adultery suspected/continued sexual relations with spouse/discovery

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B

bam

Guest
north carolina - i have discovered that spouse was involved in an adulterous relationship. i had my suspicions and heard the allegations, but confronted spouse who denied everything on several occasions. during this time i had continued to have sexual relations with him. since the discovery, i have retained an atty and "pi" for proof. obviously there will be no more "excellent" sex from me today, tomorrow and next day! have i destroyed any chances for alimony when "D" day occurs?
 


B

bam

Guest
building adultery case w/ evidence & not falling apart!

re: the message earlier...i have gained the proof i needed for the case through the pi. definitely incriminating and spouse may suspect that i have something, but the furthest thing from spouses' mind is that a pi was retained and gained the evidence themselves rather than me witnessing any act. the dilemma i am now facing... spouse is asking to come home this week until separation papers are served and to save some money. spouse said they would sleep on the couch or in another room if needed... obviously i don't want to jeopardize any of the evidence gained. can spouse stay at the house (against my desire) just because they are part homeowner? also, can i demand the house key from spouse to prevent them from entering at their free will? another reason i don't want the spouse home is because i am afraid i will fall apart and screw up my case... please advise on either message and ANY OTHER recommendations re: my horrible, uninvited destiny and direction i should go.
 

LegalBeagle

Senior Member
Re: building adultery case w/ evidence & not falling apart!

bam said:
re: the message earlier...i have gained the proof i needed for the case through the pi. definitely incriminating and spouse may suspect that i have something, but the furthest thing from spouses' mind is that a pi was retained and gained the evidence themselves rather than me witnessing any act. the dilemma i am now facing... spouse is asking to come home this week until separation papers are served and to save some money. spouse said they would sleep on the couch or in another room if needed... obviously i don't want to jeopardize any of the evidence gained. can spouse stay at the house (against my desire) just because they are part homeowner? also, can i demand the house key from spouse to prevent them from entering at their free will? another reason i don't want the spouse home is because i am afraid i will fall apart and screw up my case... please advise on either message and ANY OTHER recommendations re: my horrible, uninvited destiny and direction i should go.
If he has left the family home, then change the locks and refuse to allow him back. He obviously wants to return because you have something on him.. he will be able to tackle this situation far better from within the home than outside.

Have you filed for divorce or legal seperation?
 
B

bam

Guest
Legal separation...Divorce

Thank you for replying with sound advice. I was told the same thing from my atty's paralegal. However, I was reluctant to spend the money, since the fees for both atty and pi have cost me $4000 thus far. I was told that my atty will be sending a letter to spouse indicating that I have retained an atty and spouse or atty have x amt of days to respond. I consulted with my atty prior to me deciding to retain him. Unfortunately, my atty is involved in a trial this week and was not accessible to field any of my questions, since I have decided to go forward. I am wondering if the plan of attack would be for adultery, abandonment and emotional abuse (ANYTHING ELSE APPLICABLE???) I really would like to hold the girlfriend accountable in some way... however, I was told that "alienation of affection" can no longer be an argument. Is there legally something that can be done against her? Okay... this is a stupid question, but if adultery is a criminal act; then why can't those engaged in an adulterous relationship be held responsible for their illicit deeds and pay a price???
 

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