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Can a North Carolina Spouse Sue Over an Affair That Occurred in Another State

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  • 09-15-2017, 11:59 AM
    OliveTree
    Can a North Carolina Spouse Sue Over an Affair That Occurred in Another State
    My question involves a marriage in the state of: NC resident, married male, traveled to TX. While in TX involved in criminal conversation with a single female. Wife residing in NC found out, wants to sue the TX resident for alienation of affection. Does she have a case since the act happened in the state of TX but text messages were exchanged between TX cell phone number and NC cell phone number.
  • 09-15-2017, 01:04 PM
    budwad
    Re: North Carolina to Tx
    Clearly not enough info to make any sort of determination. But if you are thinking about a lawsuit because your husband had a conversation with someone, forget about it. There are no laws that punish someone for talking or texting that is not part and parcel of a criminal act. Alienation of affection is a civil cause of action, not criminal.
  • 09-15-2017, 01:07 PM
    adjusterjack
    Re: North Carolina to Tx
    First of all, there is no "wants to sue" there is either sue or not sue. Until somebody gets served with a summons and complaint there is no lawsuit, only hot air.

    That being said, Texas does not recognize alienation of affection as a cause of action so a lawsuit in Texas will fail.

    However, North Carolina still recognizes alienation of affection as a cause of action and there would be nothing stopping the aggrieved spouse from filing the lawsuit in a North Carolina court against a non-resident.

    North Carolina also apparently recognizes adultery as a criminal act subject to prosecution.
  • 09-15-2017, 01:17 PM
    OliveTree
    Re: North Carolina to Tx
    Thank you both so much for taking your time to respond.
  • 09-15-2017, 01:21 PM
    adjusterjack
    Re: North Carolina to Tx
    Quote:

    Quoting budwad
    View Post
    But if you are thinking about a lawsuit because your husband had a conversation with someone, forget about it.

    In North Carolina the tort of "criminal conversation" is an archaic term for "adultery" for which a practitioner can still be punished in civil court and the victim awarded monetary damages.

    Seems clear to me that the husband did a little bouncy bouncy while in Texas.
  • 09-15-2017, 01:23 PM
    PayrolGuy
    Re: North Carolina to Tx
    By Criminal Conversation i beleive the OP is refuring to this as described in divorcenetDOTcom

    Quote:

    Although the name suggests that a crime has been committed, a “criminal conversation” action is not a criminal case. Instead, it’s actually a civil case, brought by a plaintiff (the party that was allegedly wronged) in a civil court. This is very different from a criminal case, which is tried in a criminal court by the state or some other public official. Defendants that have committed criminal conversation will not face criminal penalties or the possibility of jail time.
    Criminal conversation requires solid proof that your spouse engaged in sexual relations with the third-party defendant. Most commonly, evidence of adultery is obtained by hiring a private investigator to photograph or videotape the affair. The innocent spouse seeking damages must prove the following three elements:
    the innocent spouse is legally married to the adulterous spouse
    sexual intercourse took place between the adulterous spouse and a third-party individual (you can’t sue a business, such as a “gentlemen’s club" for criminal conversation)
    the sexual intercourse occurred during the marriage, not after separation, and
    the adulterous act(s) took place within North Carolina’s three-year “statute of limitations” (which means the lawsuit must be filed no more than three years from the last act of adultery).
    There is only one defense to criminal conversation; the spouse who was cheated on encouraged or consented to the adulterous affair before it took place.
  • 09-15-2017, 01:31 PM
    OliveTree
    Re: North Carolina to Tx
    The evidence of the adultery was through text messages and through husband admitting. However, the adultery was committed outside of NC in a state that does not recognize alienation of affection as was correctly pointed out. So if I understand this correctly, the wife can still sue the Tx resident in NC. Interesting to say the least. And, thank you all for your invaluable input!! Much appreciated!
  • 09-15-2017, 02:35 PM
    llworking
    Re: North Carolina to Tx
    Quote:

    Quoting budwad
    View Post
    Clearly not enough info to make any sort of determination. But if you are thinking about a lawsuit because your husband had a conversation with someone, forget about it. There are no laws that punish someone for talking or texting that is not part and parcel of a criminal act. Alienation of affection is a civil cause of action, not criminal.

    In NC terminology criminal conversation is akin to adultery and alienation of affection, which are technically illegal in NC. Don't feel back about getting that wrong. I had a similar reaction the first time I heard someone discuss criminal conversation.
  • 09-15-2017, 02:47 PM
    OliveTree
    Re: North Carolina to Tx
    Thank you, I take it as an opportunity to learn. :)
  • 09-15-2017, 03:26 PM
    Mr. Knowitall
    Re: North Carolina to Tx
    Quote:

    Quoting OliveTree
    View Post
    The evidence of the adultery was through text messages and through husband admitting. However, the adultery was committed outside of NC in a state that does not recognize alienation of affection as was correctly pointed out. So if I understand this correctly, the wife can still sue the Tx resident in NC.

    It is possible for the wife to sue in North Carolina, but that would require that the text messaged precede the adulterous relationship and are sufficient to create a nexus between the defendant and North Carolina so as to justify that state's taking jurisdiction.
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