New Laws for Alienation of Affection and Criminal Conversation

[Onyx]

My question involves alienation of affection law for the State of: North Carolina.

I dated a guy after he separated from his wife back in March 2009 - He had been in a miserable marriage for years , and she actually left him a note to * get out * and at that point , he left.

Everyone in his family, work , etc was aware of the existing problems in the marriage for years, and I was not a factor in him leaving - Once his son asked him why He and His Mom didn't just divorce since all they did was fight. If sued, would this be an adequate defense ?

We moved in together , and now that the wife is filing for divorce , her lawyer wants the name , age and relationship of whom he lives with. The lawyer requested that information in the first set of interrogatories regarding finances.

His wife knows my information as his children visit us weekly . This makes me nervous since, I am at a loss why the lawyer would want my information other than perhaps a lawsuit.

Can I be sued ? Does this New / Amended law protect people like myself that got together with someone after separation but before the date of Oct 1st 2009 ?

With Criminal Conversation , are there any defenses ? I understand its a liability tort, but, are there any circumstances where a viable defense can be used?

Thank you !

[Mr. Knowitall]

The current statute:

(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.

(b) An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.


(c) A person may commence a cause of action for alienation of affection or criminal conversation against a natural person only.

The prior law is described in this thread; if the marriage broke down and he separated from his wife before he started dating you, and you had no contact with him before he moved out of his house, it doesn't seem like much of a case for alienation of affection. The statute seems more relevant in terms of criminal conversation, where the prior standard suggests that a cause of action could arise even after separation.