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Alienation of affection in North Carolina

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  • 06-12-2005, 06:17 PM
    onlymetonee
    Alienation of affection in North Carolina
    I live in NC, my husband has over the last few months has started talking about how unhappy he is in the mean time I have found out that he has been not only speeking to a young single female but he also has had outings with her. Ofcourse he denies that anything has happiened that they are just friends. I strongly believe she has interfered with our marraige. Do I have to prove they had sexual relations? How strong is the informatin I have? And if she has nothing of value is it worth going after her for aleination of affection?
  • 06-12-2005, 07:04 PM
    aaron
    Alienation of Affection - North Carolina
    There are two potential claims you could make under North Carolina Law, depending upon the facts. First, Alienation of Affection, which would require you to establish:

    1. A marriage which entailed love between the spouses in some degree;
    2. That the spousal love was alienated and destroyed; and
    3. That the defendant’s malicious conduct contributed to or caused the loss of affection.

    Another possibilty is "criminal conversation" which requires that you establish:

    1. An act of intercourse between your spouse and the other person;
    2. The existence of a valid marriage between the you and your adulterous spouse; and
    3. Satisfaction of the three year statute of limitations governing this type of action.
  • 06-12-2005, 08:12 PM
    onlymetonee
    I have proof that they went out of town together with a few other people and that he calles her several times a week on his cell phone. But she is a college student that lives with her parents I don't even know if it would be worth going after this girl. What I would really like to do is scare her with the thought of being suied. I also don't want to waste my money if in the long run I can't get anything out of her. I believe I might have some good proof but not real sure if it is strong enough.
  • 06-12-2005, 08:17 PM
    onlymetonee
    O might I add I am almost 4 months pregnant and this all came up within the last three months. And the fact that there was no apparent ploblems until three months ago and the fact that his cell phone bill can prove that thats when they started their phone conversations and he became distant.
  • 06-13-2005, 12:15 AM
    aaron
    Scaring With Threat of Litigation
    You may wish to consult a local lawyer about the possibility of writing a "scary letter" to the woman, without accidentally crossing the line into conduct which might of itself be tortious or otherwise unlawful.
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