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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I committed adultery with a woman who is also married. Her

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I committed adultery with a woman who is also married. Her husband has obtained evidence of the adultery from a PI. I have admitted to the adultery to my wife and she does not wish to file for divorce. The other woman has also admitted to the adultery. Her husband has taken a very vengeful avenue towards not only her but also me. He has threatened to bring all of the evidence out into the open and sent me disturbing text messages but hasn't been specific. If he subpoenaes conversation information that occurred between myself and his wife, do my wife and I have to be subjected to this same information? Or will this just be between him and his wife since she has admitted to this? Would my wife and I need to be involved at all since she does not wish to file for divorce in our marriage and he already has evidence and an admission for his case?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation.
What state is this in, please? If the individuals live in more than one state, please list the states.
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
All parties are in South Carolina. Thank you.
Expert:  Ely replied 1 year ago.
Thank you.
Since 1992, alienation of affection is not recognized in SC. This means that he cannot sue you for having an affair with his spouse. At least, that is a good thing.
If he subpoenaes conversation information that occurred between myself and his wife, do my wife and I have to be subjected to this same information?
I am not sure what you mean by "subjected." If he subpoenas something, HE gets it. But even more than that, these messages would not be seen unless they are used in deposition or a court hearing.
However, know that most cell companies do not keep the CONTEXT of the texts for more than a few days. If it has been weeks or months since the texts, chances are he is not going to get them.
Or will this just be between him and his wife since she has admitted to this? Would my wife and I need to be involved at all since she does not wish to file for divorce in our marriage and he already has evidence and an admission for his case?
He can subpoena any third party that has relevant information to the case, so this may extend to you, although unlikely to your wife since she was not involved in the affair.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
A followup, beyond text messages, we also used Google Hangouts to communicate. Is this information available by subpoenae? And I meant, would he have any legal course to require that my wife obtain copies of any information if she herself has not chosen to file for divorce and is not taking a case against me?
Customer: replied 1 year ago.
Additional information about GOogle Hangouts...We have since deleted the hangout material as of a few months ago. Is the deleted information available from Google and if so do you know how far back?
Expert:  Ely replied 1 year ago.
Thank you for your reply.
Yes, this information is available by subpoena in most cases, more so than the texts. I am going to be honest and say "I do not know" about deleted Google Hangouts information, however.
And I meant, would he have any legal course to require that my wife obtain copies of any information if she herself has not chosen to file for divorce and is not taking a case against me?
NO, he does not. He cannot ask a third party to obtain any information. He can only ask the party that HAS that information to send it.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
So just to understand this a little better. He could ask his lawyer or the phone provider or Google to send this information directly to my wife even though we have chosen to reconcile our marriage?
Expert:  Ely replied 1 year ago.
No.
He can only ask the cellular company, Google, or whatever other third party has evidence that is relevant to the case, to send this evidence directly to HIM.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
I'm not sure if I am still ok to ask you questions. Please tell me if I'm overdoing it. It continues to say that there are 10 minutes of work time left though.By third party, do you mean the court and/or his lawyers?Who has the ability to subpoena records from the companies I mentioned?I'm concerned that the way he is acting he will attempt to use anything he can get at to smear my name or his wife's over social media and the like. I guess that's what I'm asking. Would he be able to share any evidence that he has against his own wife with whomever he chooses? And wouldn't video evidence from a Private Investigator be enough to prove adultery or intent? Since his wife has admitted to it already, I'm wondering what information he would have business accessing at that point.Thank you again.
Expert:  Ely replied 1 year ago.
Hello,
No problem.
By third party, do you mean the court and/or his lawyers?
No, I mean a third party like a cell company, etc.
Who has the ability to subpoena records from the companies I mentioned?
Plaintiff/Petitioner or Defendant/Respondent.
I'm concerned that the way he is acting he will attempt to use anything he can get at to smear my name or his wife's over social media and the like. I guess that's what I'm asking. Would he be able to share any evidence that he has against his own wife with whomever he chooses?
Technically, yes, I am afraid.
And wouldn't video evidence from a Private Investigator be enough to prove adultery or intent?
This is for the court to decide, I am afraid.
Since his wife has admitted to it already, I'm wondering what information he would have business accessing at that point.
He may seek further proof for a more convincing case.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
You stated earlier that "If he subpoenas something, HE gets it. But even more than that, these messages would not be seen unless they are used in deposition or a court hearing." This seems to contradict the answer to the most recent question of "Would he be able to share any evidence that he has against his own wife with whomever he chooses?". The most recent reply seemed to suggest he could request information from a phone carrier or ISP and then use it in any way he chooses rather than just having it be seen if used in a deposition or court hearing. Can you clarify?
Expert:  Ely replied 1 year ago.
I think we are getting confused on verbiage.
Let me amend the question. You are asking: "If he subpoenas the telephone company, how can he use the information and can he share it somewhere else with other parties?"
Is this what you mean?
Customer: replied 1 year ago.
Yes, if he subpoenas the telephone company, how can he use the information? Can he share it with other parties? Can he share it with my wife who has chosen not to file for divorce? Can he share it on social media? Does he get the information himself and he would then be able to decide what was relevant to his case Or would the subpoenaed information go to lawyers or judges to decide what is relevant? That's what I'm confused on.
Expert:  Ely replied 1 year ago.
Yes, if he subpoenas the telephone company, how can he use the information? Can he share it with other parties?
Yes.
I merely meant that for court proceedings, this information is generally used at hearings and trial.
Can he share it with my wife who has chosen not to file for divorce?
Yes, he can if he wants to.
Can he share it on social media?
I am afraid so.
Does he get the information himself and he would then be able to decide what was relevant to his case Or would the subpoenaed information go to lawyers or judges to decide what is relevant? That's what I'm confused on.
It goes directly to HIM/HIS ATTORNEY.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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