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Ellen
Ellen, Lawyer
Category: Criminal Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Hello, My wife has committed adultry and has admitted to it

Resolved Question:

Hello, My wife has committed adultry and has admitted to it after I discovered daily phone calls, text messages, and picture messages to and from this other man. Can I press any charges against this man. He also was angry, called me and wanted me to meet him after my wife told him that it was over and not to call her anymore
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for the second question.


Under New Mexico law, you may have two potential claims against the man with whom your wife had the affair. They are: Alienation of Affection and Criminal Conversation.

The elements of Alienation of Affection are:
1. a marriage;
2. a genuine love and affection existed between the spouses;
3. the love and affection existing between the spouses was alienated and destroyed; and
4. the wrongful and malicious acts of the defendant caused the loss and alienation of such love and affection.


The second possibility is "criminal conversation" which would require you to establish:
1. An act of intercourse between your wife and the other person; and
2. The existence of a valid marriage between the you and your spouse;

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLANDNYLAWYER


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