Legal steps available against wife’s affair partner.?

I just found out that my wife has met a man for dinner and gone back to his
hotel room more than once.

I know this man is married. He has a phone that he hides from his wife.

I texted him when I found out. I told him I wanted to discuss things. At first
he responded to texts and said we would talk. Then he texted that he and his
wife had hired an attorney. He said that if I texted him or contacted him
again, he would report me for harassment.

I do not believe he has told his wife. I am not trying to blackmail him or
anything like that.

He and my wife have caused great stress to my marriage and I would like to
know if I have any legal steps I could take, or if I should even fear his legal
threats.

Of course I would vindictively love to make sure his wife knows about his
actions, but I am not seeking any type of blackmail.

Asked on June 27, 2016 under Family Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't do much in this day and age... as more and more divorces are being granted because of infidelities.  In the older days, you could have potentially sued the man for interfering with marriage relationship. That is not a remedy available today.
Since the man has told you to discontinue contact, you need to cease contact so that you don't tempt a harrassment charge.
However, you still have options if you think or want his wife to know of his activities.  You can filed for divorce, allege adultery as the basis of the divorce action, and the subpoena him and his wife to appear at the temporary order hearing for your divorce.  You don't have to go through with the divorce, but at least a temporary orders hearing will give you the opportunity to air the issues that you have with this man interfering with your marriage.  Another similar option is to file the divorce, but set up a deposition for him and/or his wife.


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