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husband threatening to sue

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1 husband threatening to sue on Sun Nov 14, 2010 8:24 am

sweet_love


Arresto Menor
my husband and i have been separated for 9 years now. i have full custody of our 3 children since im the only one working.he never had a decent job the whole duration of our marriage life. needless to say he doesn't give any financial support at all. but that's not my concern. just recently i have a foreigner boyfriend who visited me and stayed with us (me and my kids). my estranged husband knew about this and he even texted me that he doesn't care about my personal life anymore as logn as my kids are okay.things have been turning sour lately since im limiting the kids to visit him coz i believe they are being brainwashed. now my husband is threatening to sue me with adultery. does he have enough grounds? and how progressive is this case? i would very much appreciate a reply. thanks.

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2 Re: husband threatening to sue on Sun Nov 14, 2010 5:17 pm

resjudicata


Arresto Mayor
Hi sweet_love: The fact that you and your husband became “separated” does not mean he is no longer your spouse unless your separation was validly obtained thru judicial process. Before the eyes of the law, you are still married to each other. Your marriage still subsists and he has all the right to file a complaint for adultery against you based on that still binding relationship. If you think legal separation or annulment of your marriage is the most realistic thing to do under the present situation, I will advise you to pursue those remedies but bear in mind, that to tread that path will be an uphill climb for both of you due to the strict requirements of our law as regards to dissolution of marriage contracts.

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3 Re: husband threatening to sue on Sun Nov 14, 2010 8:21 pm

sweet_love


Arresto Menor
thanks so much for the reply resjudicata. can i also file for a counter affidavit since he hasnt been supporting the kids? what could be the worst case scenario if i got charged of adultery? what does he need to prove? thanks again.

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4 Re: husband threatening to sue on Mon Nov 15, 2010 1:48 pm

resjudicata


Arresto Mayor
Hi sweet_love: Support for the kids is an entirely different issue but you can pursue this by filing a complaint for violation of AVWC. When he files a complaint for adultery, he will prove these elements, among others: that you had a sexual intercourse with that foreigner or your current boyfriend and that you have performed that act voluntarily. A single intercourse consummates the crime of adultery. The charge will include your boyfriend.

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5 Re: husband threatening to sue on Mon Nov 15, 2010 2:39 pm

sweet_love


Arresto Menor
thanks. what if he cant prove that me and my boyfriend have sexual intercourse? is it the most important evidence? i really appreciate your replies

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6 Re: husband threatening to sue on Tue Nov 16, 2010 12:42 pm

resjudicata


Arresto Mayor
Sweet_love: Yes that is the most vital "piece" of evidence. It is an instant crime which is consummated or completed at the moment of carnal union. It must be a joint physical act. The burden of proof is on your husband. Another thing, the knowledge of your bf that you are a married person, can be counted or used against him in the same charge. But if he is not aware of your marital status, he can use it in his defense that would warrant his acquittal.

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