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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23082
Experience:  Attorney with 14 years experience
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I am single and was involved with a married woman a couple

Resolved Question:

I am single and was involved with a married woman a couple of times. They are getting a divorce. I was just wondering if I, personally, need to worry about anything.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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What state are you located in?
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Are you asking if there is some type of legal action the ex could take against you?
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Thanks
Barrister
Customer: replied 1 year ago.
I live in Alabama. Yes, could the ex husband file any charges against me and/or give me a subpoena? Just wondering if this could affect my profession. I am teacher. How public would this be?
Expert:  Barrister replied 1 year ago.
Ok, from a straight legal perspective, Alabama abolished the right of an ex to sue the 3rd party under an alienation of affection lawsuit. So you couldn't be sued under an allegation that you were responsible for the marriage failing.
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However, if the ex alleges adultery in a "fault" divorce action, then they could try to subpoena you to court to testify as a "hostile witness".
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But since adultery is legally a crime in Alabama, you could simply refuse to testify to anything and plead the 5th Amendment and exercise your right to remain silent. You couldn't then be forced to testify about any activities you engaged in with the married person.
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As for your profession, you would have to review your particular employment contract as some teachers have a "morals clause" in their contract that could result in them taking disciplinary action against you if the allegation of adultery is proven. But if neither you nor the wife admit to any sexual intercourse, then the ex essentially can't prove anything.
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But any divorce action would be public information and any proceedings would be a public matter.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
So if it comes to the point where I'm being questioned and choose to remain silent, nothing else would happen to me? The wife already admitted to her husband what happened.
Expert:  Barrister replied 1 year ago.
So if it comes to the point where I'm being questioned and choose to remain silent, nothing else would happen to me?
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I would opine no, since there would not be anything in the legal records that proved any allegation of adultery. The exception would be if wife admitted this in court and named you as the person she had an affair with. Even if this was the case, someone from the school would have to actually be monitoring the situation and know about your potential involvement before the school could take any action under a morals clause. This is a public matter, but it isn't the kind of thing that makes the newspaper.
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But it is be pretty rare for an ex to try and drag the 3rd party into court in a situation like this because the marriage was likely already failing and that is why the wife began to engage in activities outside the marriage.
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Thanks
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23082
Experience: Attorney with 14 years experience
Barrister and 9 other Family Law Specialists are ready to help you

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