Also I spoke with my Attorney about WAW and the OM. He was not very please with her behavior and pulling all nighters and seeing OM with his criminal record. Not good for her character. You see, She is trying to get majority custody of the children, for no apparent reason other than child support. I've asked her a few times why, and the answer is always different, but comes back to "Its just the way I personally feel" Anyhow he wants to get a P.I. to follow and take pics of the 2 of them
OneDay,
I am not totally up on your sitch, but I feel for you and what you are going through is terrible.
I know you want to save your M like the rest of us, but let me offer you a different outlook on this based on the text I quoted above. Listen to your attorney for now; let him get the PI and investigate. You know the saying; hope for the best and plan for the worst. Well, if the worst happens, you are going to want this evidence!
The following is just some things I found out researching after my BD and something to think about in case things really go bad for you; take it for what it is worth:
Here is the deal. In some states, at least in mine, "carnal knowledge" does not have to be proven; only intent and opportunity when it comes to adultery. For example, if pictures are taken of them going out together, entering a hotel together, and leaving together later, that is enough to prove intent and opportunity. In my state, even if she takes the 5th, it is considered by the judge to be an admission of guilt. Also, even if divorce papers are pending and the couple is legally separated, the couple is still considered legally married and any relations with a 3rd party is still adultery and can be used in court even if not one of the original complaints or reason for filing. Not only does this affect consideration for alimony, it can be used when considering custody as well. You might be able to push for full custody if you want it and get support from her!
In my state, if adultery is proven, it's a misdemeanor and the WS can be subjected to $1000 fine and up to 1 year incarceration.
You might want to look into this with your attorney and your state laws on these things; I am betting this is why he wants to put a PI on her!You might want to ask him about Alienation of Affection & Criminal Conversation in regards to the OM and see if those torts are valid in your state.
I wish you the best of luck and truly hope your sitch turns around, but if it all goes south and ugly, you will want as much firepower as you can get!
Again, just my $0.02
Azagtoth
Me: 44 X WAW/MLC: 42 Kids: S21, D11 BD: July 2013 (ILYBNILWY) EAx2: Busted 1 OCT 2013; 25 Mar 2014 Status: Divorcing & Done! Waiting to be final (Nov 2014?) & glad it's finally over!