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Catherine1985

Box store adultery

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My husband and I have been married 31 years.  

 

he started work in August 2016 at a nationwide "box store".    He just confessed to me his top level boss began an affair with him immediately upon hire.    Adultery is illegal in our state of AL.  

 

Should we we contact an attorney first or file paperwork first with the store?

 

thank you

 

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If you are planning on divorcing, you should discuss it with a lawyer to ensure your interests are protected. For your own sake, get thee to a doctor to get screened for STDs. I am not sure what paperwork you think you should file at the store but I would expect both your husband and his mistress/coworker to be fired or disciplined.

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7 hours ago, Catherine1985 said:

He just confessed to me his top level boss began an affair with him immediately upon hire.

 

Ummm...it takes two to tango.  He started having an affair with her just as much as she started one with him.

 

 

7 hours ago, Catherine1985 said:

Adultery is illegal in our state of AL.

 

There are lots of archaic laws still on the books in a lot of states.  For example, blasphemy is still illegal in Massachusetts.  These laws are rarely, if ever, enforced.  And, in fact, there is a strong argument that laws criminalizing adultery are unconstitutional.

 

More importantly, section 13A-13-2(a) of the Alabama Code provides as follows:  "A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married" (emphasis added).  Since you did not indicate that your husband and his boss "live[d] in cohabitation with [each] other," they did not violate the law.

 

 

7 hours ago, Catherine1985 said:

Should we we contact an attorney first or file paperwork first with the store?

 

Why would "we" contact an attorney?  I can see why you might want to contact a divorce attorney.  I could guess about why your husband might want to hire an attorney, but I'd rather not guess.  I also have no idea what "paperwork" you might be referring to.

 

Has your husband terminated the affair?  If so, has he suffered any adverse consequences as a result?

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Are you thinking that you might have some sort of lawsuit against the store? You don't. As far as I can tell, the only reason you might want to see an attorney is for a divorce.


Your husband is, or could be, a different matter. I can think of a set of circumstances in which your husband *might* have a lawsuit against the store, but you have not indicated that these circumstances exist. If you answer pg1067's questions, that might change, depending on the answers.


There is another set of circumstances, which, based on what few facts we have, may be more likely, means that going to the store would result in both your husband and his boss getting fired. *Maybe* if you're really lucky, it would only be the boss. No guarantees.


Also no guarantees regarding unemployment.

 

I will be more than happy to reassess if you want to provide some detail as to your thought processes.

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Hi @Catherine1985

 

Welcome to the community and thanks for posting. Sorry to hear about the situation with your husband. As pg mentioned, Alabama Criminal code Section 13A-3-2 makes infidelity a class B misdemeanor. However, a requirement of this code is that the couple committing infidelity "live[] in cohabitation." So, the facts you have described in your post may not fit the statue. As pg mentioned, these sorts of statutes are also not often enforced by the police.

 

Regardless, a private citizen cannot initiate a criminal case. In a criminal case, the government prosecutes the case on behalf of the state. So, if you want a criminal case to commence, you will likely have to involve the police or the DA.

 

That being said, as other posters have mentioned, you may want to speak with an employment attorney if you husband's employer has committed some sort of impropriety (in addition to the infidelity). Also, you may want to speak with a family law attorney about the possibility of divorce.

 

Best of luck!

The FindLaw.com Team

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