Messaged and some comments were jokingly dirty for about two weeks or less on Facebook and some phone texting. We talked some but some of the conversation was about how he wasn’t happy and possibilities to make the marriage better. In no way was I trying to cause a problem. We know each other from work and he did come over a couple of times. He kissed me once but I told him that wasn’t happening. Wife saw some messages and is saying she’s suing
Usually people sue or they don't...when they threaten to sue...they usually won't. In this case, its time to cut off communication witht his man.
The wife may sue if she wants, but if what you described is the true and complete extent of your encounters with the husband, this is not a strong case for alienation of affections, and is not a case for criminal conversation at all. The wife would have to show, among other things, that you purposefully or maliciously interfered in the marriage as a bad-faith third party, and that as a result of your actions, the affections were destroyed. While you have lately tiptoed towards the line, I do not believe you have yet crossed it, assuming that your stated facts encompass all of your conduct to date. However, moving in the opposite direction of the texts, conversations and encounters you described is essential if you wish to avoid civil liability in the event that you are sued. Best wishes to you this winter.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline