What case can I file against my husband mistress?
Since you are the wife, you may file a case for concubinage against the mistress of your husband, provided that the elements of concubinage are present in their relationship.
Can I subpoena my husband’s mistress?
One of the more common fault-based grounds for divorce is adultery. A spouse having an affair is certainly good reason to call a marriage quits. The short answer here is yes, you can subpoena the alleged mistress to testify as a witness at a deposition or at a trial. …
Is concubinage a criminal case?
Concubinage is a private crime. Thus, the complaint must be lodged by the offended wife and no one else. Unfaithfulness is also punishable under Republic Act No. RA 9262 , otherwise known as the Anti-Violence Against Women and Their Children Law (“VAWC Law”).
Can text messages be used in court to prove adultery?
Texts that you once thought were private can now be used, and many courts are starting to subpoena text messages to see what is inside of them. Yes, text messaging is now part of the modern world, but it can easily be used against you to prove that you were committing adultery, or that you have anger issues.
How is adultery proven court?
To prove adultery via circumstantial evidence, one must show that the adulterous spouse had both the “disposition” to commit adultery and the “opportunity” to do so. Evidence of “disposition” includes photographs of the adulterous spouse and the other man or woman kissing or engaging in other acts of affection.
What state can you sue a mistress?
There are seven states that use criminal conversation or alienation of affection rules to permit the spouse to sue the mistress for compensatory damages. These include Illinois, New Mexico, North Carolina, Utah, Hawaii, Mississippi and South Dakota.
What states is adultery a felony?
In Idaho, Oklahoma, Michigan, and Wisconsin adultery is a felony, while in the other states it is a misdemeanor.
How do you win a concubinage case?
The crime of concubinage can be committed only by a husband and his concubine, but it requires that the wife must prove that her husband has kept a mistress in the conjugal dwelling, or has had sexual intercourse under “scandalous circumstances” or lived together with his mistress in any other place.