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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Residency Question North Carolina

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

    I am a resident of Washington and my spouse is a resident of North Carolina. I have had a relationship with a woman from North Carolina. My wife and I have filed for divorce in Washington. Does my wife still have the right to sue the other woman?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Residency Question North Carolina

    Unless she can prove that the relationship was the direct cause of the breakup of the marriage AND had it not been for the relationship the marriage would have remained intact...she hasn't got a snowball's chance in Hades. She could try anyway though.

    Will she win? Nobody can really guess.

  3. #3

    Default Re: Residency Question North Carolina

    Why wouldn't she have a chance to sue. The affair took place in NC, the woman still lives in NC regardless of where the divorce is taking place. The law never said that your wife had to be a legal resident of NC to sue the other woman in her home state. Maybe wishful thinking, however I have contacted an attorney regarding the same question. I have or thought I had been happily married for 18 years when all of a sudden my husband had a mistress. I personal told the woman to stay out of our lives, (I will it admit it takes to tango) however, she was the cause of our soon to be divorced. The woman moved from the state of Georgia (this law is not on the books),to the state of NC (Law on the books) my husband and her continued the affair which now has produced a baby. This woman is in the military and knows the consequences of adultery so why should he (stbx husband) be the only person made to pay. Her conduct was the reason for the divorce. Woman and men alike should learn not to interfere with other people's marriage. If either spouse wanted out, it should have occur after a divorce, not the cause of the divorce. Both individuals and responsible and both should be held accountable for their actions.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Residency Question North Carolina

    I have had a relationship with a woman from North Carolina.
    Before or after you separated? And was the separation intended at that time to be permanent?

    NC law regarding alienation of affections was recently amended to take into consideration the date of separation vs. the date of the conduct, and whether or not the couple was attempting to reconcile.

    Essentially, if you and your wife had permanently separated with no attempt at reconciliation, and then you entered into the new relationship, AoA would be off the table. If you entered into the new relationship prior to permanent separation, there may still be grounds to sue.

  5. #5

    Default Re: Residency Question North Carolina

    Whose reply was you addressing? In my case I found out about my husband affair in October 2008, divorce was filed in June of 2009 (8 months later) and still is not finalized. In the state of Georgia that law does not recognized any sort of legal separation, you are married until the judge signes the divorcee decree. For 8 months I had to endure this woman in our lives while begging and pleading for her to leave my husband alone, he has always denied the relationship, even though I have pictures, phone records, credit cards bils, etc. etc.

    However, she has gone public (not him) with pictures of her newborn baby (he denies)on Facebook of all places however, they are still seeing each other in NC. The baby was given his name, his 1st born son does not even had his father's name. Husband never wanted a Jr. What do you think?

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