My husband has been having an affair for at least 2 years. His mistress has now had a baby by him and paternity results have come back that he is the father.
Our marriage is over but I am emotionally stressed. I was wondering could he be mad at me if he has to pay for my attorney fees?
Yes, you could conceivably sue the mistress for alienation of affection and criminal conversation. These are lawsuits that are available in North Carolina against a thirdy party that intefere with your marriage by destroying the love and affection or by simply having sexual relations with your spouse.
Alienation of Affection would require you to to prove that you had a happy marriage with love and affection, and that love and affection was destroyed by the actions of the mistress. Criminal Conversation just requires sexual relations between your Husband and Mistress prior to your separation that you did not agree to.
These lawsuits are not alwasy practical, such as in the event the mistress has no money, because all you can "win" is a financial award in the form of a judgement. Lawsuits are also expensive.
As for your Husband, adultery, or marital misconduct is a factor in alimony and a basis for a divorce from bed and board. In other words, it matters, but to what extend depends on your circumstances.
You need to meet with divorce attorney in your who can explain the law and your options. Sorry to hear about your situation.
For more information, you can review our alienation and criminal conversation report here:
The information contained in this response is general information and is not legal advice. Nothing contained in this response should be construed as legal advice or creating an attorney-client relationship between the attorney and the reader. An attorney-client relationship may only be created by express representation agreement between Glenn Doyle of Doyle & Doyle, PA and Client.
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