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?
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.
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.