Monday, July 20, 2015

What if my name or my spouse's name is listed on Ashley Madison or AshleyMadison.com?

As you may have heard, there was a recent breach in the online cheating site AshleyMadison.com's security system listing clients who have used the site's services. The site caters to married individuals or those in a relationship hoping to cheat on their mates with like-minded people boasting the slogan, "Life is short. Have an affair." (See the online article "Online Cheating Site AshleyMadison Hacked" by Brian Krebs at www.krebsonsecurity.com)


If you've seen your spouse's name listed or suspect that they might be cheating, you have a few options in North Carolina.

  1. Collect Post-Separation Support (PSS)
    1. PSS is given to the spouse who was not at fault AND depends on the cheating spouse financially
    2. PSS ends on the date the divorce is finalized
  2. Collect Alimony
    1. Alimony is given to the spouse who was not at fault AND depends on the cheating spouse financially
    2. Alimony will be paid for a length of time after the divorce is finalized but will end if the non-cheating spouse remarries, moves in with someone of the opposite sex or either party dies
  3. Begin to split the property
    1. Even if you do not qualify for PSS or Alimony you can split up the property and begin collecting money from your spouse's pension, 401k or other assets earned during the marriage
    2. No cheating or fault is required for this process to begin
  4. File a lawsuit of Alienation of Affections and/or Criminal Conversation against their lover(s).  
    1. If you also know the name(s) of the person(s) your spouse contacted and possibly cheated with, you may have a lawsuit against him/her for Alienation of Affections and/or Criminal Conversation
    2. For more information on these potential claims, see my blog post titled My Spouse Cheated How Can I Get A Divorce?
  5. Separate from your spouse and wait for the one year time period to get divorced

If your name is listed on AshleyMadison.com you have a few options in North Carolina including:

  1. Speak to your spouse about what happened in a very open and honest conversation before they hear about from a 3rd party (and they will hear about it)
  2. Consult with an attorney about filing a lawsuit for fraud and/or breach of contract against Avid Life Media, the company that owns AshleyMadison.com (See the online article "Online Cheating Site AshleyMadison Hacked" by Brian Krebs at www.krebsonsecurity.com)
  3. Consult with an attorney about any claims your spouse may file against you for cheating (listed above) during the marriage to make a plan of action and hopefully proactively reach an agreement before the case ends up in court.
***If you or your spouse were listed on AshleyMadison.com and you live in the areas listed below, please contact our office for more information on the potential claims against you or your spouse. Keep in mind that there are negative implications to moving out of the marital home so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC
  • Cary, NC
  • Chapel Hill, NC
  • Carrboro, NC
  • Hillsborough, NC
  • Mebane, NC
  • Efland, NC 
Durham County, NC
  • Durham
  • RTP
  • Bahama
  • Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

No comments:

Post a Comment