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  1. #1
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    Sep 2014
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    Default Can You Be Sued for Alienation of Affection if the Married Person is Separated

    My question involves a marriage in the state of:North Carolina

    I started seeing a guy in January. I live in a different state. We saw each other for a month while he was in town working. He then went back home and we took turns visiting each other on the weekends. He was separated- he ex moved home with her mom and they had not been living together for some time.

    His ex found out he was seeing me and served me with these papers. I am in shock and it isn't fair. This is what my civil summons says:

    A civil actions has been commenced against you! You are notified to appear and answer the complaint of the plaintiff as follows:

    1. Serve a copy of your written answer to the complaint upon the plaintiff or plaintiff attorney within 30 days after you have been served. You many serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiffs last known address.

    2. File the original of the written answer within the Clerk of Superior Court.

    If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demonstrated in the complaint.

    Anyways, my real question- I called an attorney. She told me how she would help with the complaint and told me her steps to fighting it. She stated I would want a jury trial for this type of case. The retainer is WAY more than I can afford. 4,500

    Can I just respond to this complaint? It is 4 pages long. Can I just write a response to all the things mentioned? Do I need to hire an attorney? I will say his ex hired a PI and has evidence of us staying the night together and kissing in public. He has NO proof of separation because she simply moved home and they planned on living separate lives until they could file for a divorce (after a year separation).

    Now this. So unfair.

    I just want to know if I HAVE to hire an attorney. Thanks for any help you can provide.

  2. #2
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    Oct 2006
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    Default Re: Served- Aleinaton of Affection and Criminal Conversation- Do I need an Attorney??

    Where do you live? Perhaps you should consult (not hire, just pay for 30 minutes of an attorney's time) someone in your area that can give you an idea of whether or not NC would have any personal jurisdiction over you to even hear the case. Did the attorney you consulted in NC realize that you are not a resident of NC? I would also talk to another couple of NC attorneys. A jury trial could end up costing as much as 5-10 times the 4500 retainer in the end. That seems like way overkill to me.

  3. #3
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    Default Re: Served- Aleinaton of Affection and Criminal Conversation- Do I need an Attorney??

    Quote Quoting llworking
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    Where do you live? Perhaps you should consult (not hire, just pay for 30 minutes of an attorney's time) someone in your area that can give you an idea of whether or not NC would have any personal jurisdiction over you to even hear the case. Did the attorney you consulted in NC realize that you are not a resident of NC? I would also talk to another couple of NC attorneys. A jury trial could end up costing as much as 5-10 times the 4500 retainer in the end. That seems like way overkill to me.
    Well, since the damages from these kinds of suits have awards going into the seven figure range... And according to this site, this woman can be sued even if she lives out of state, because she and the Husband played footsie in NC:
    My question involves a marriage in the state of:North Carolina

    I started seeing a guy in January. I live in a different state. We saw each other for a month while he was in town working. He then went back home and we took turns visiting each other on the weekends. He was separated- he ex moved home with her mom and they had not been living together for some time.
    .

  4. #4
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    Default Re: Served- Aleinaton of Affection and Criminal Conversation- Do I need an Attorney??

    Quote Quoting BooRennie
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    Well, since the damages from these kinds of suits have awards going into the seven figure range... And according to this site, this woman can be sued even if she lives out of state, because she and the Husband played footsie in NC:
    .
    What those links say is that OP should NOT be talking to us.

  5. #5
    Join Date
    Sep 2011
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    Default Re: Can You Be Sued for Alienation of Affection if the Married Person is Separated

    Judge John O. Craig of the NC Supreme Court said in a written order that the state’s alienation of affection laws infringed on people’s rights under the First and 14 th amendments of the U.S. Constitution. Patricia Rothrock sued Sherry Cooke. Cookes attorney was pleased with the courts decision because Cooke ultimately doesn’t have to answer a lawsuit that violates her constitutional rights. I suggest OP have her lawyer answer accordingly.

    http://bit.ly/1rwChpK

  6. #6
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    Default Re: Can You Be Sued for Alienation of Affection if the Married Person is Separated

    As recently as this May, the North Carolina Court of Appeals has slapped down the notion that it has jurisdiction to disregard legislation and precedent in order to overrule the state's alienation of affection law, and no subsequent appellate rulings on the state's alienation of affection law suggest its unconstitutionality. Whatever one thinks should happen, that particular trial court's attempt to legislate from the bench is not at all likely to hold up on appeal.
    Quote Quoting kitty227
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    I started seeing a guy in January. I live in a different state. We saw each other for a month while he was in town working. He then went back home and we took turns visiting each other on the weekends. He was separated- he ex moved home with her mom and they had not been living together for some time.
    If in fact you can prove that he was separated, you have a defense to any "alienation of affection" claim; although it's not necessarily a defense to any associated claim for "criminal conversation", if such a claim was made in the complaint.
    Quote Quoting Pharr v. Beck, 147 N.C.App. 268, 554 S.E.2d 851 (2001).
    [A]n alienation of affection claim must be based on pre-separation conduct, and post-separation conduct is admissible only to the extent it corroborates pre-separation activities resulting in the alienation of affection.

  7. #7
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    Default Re: Can You Be Sued for Alienation of Affection if the Married Person is Separated

    The case law you cited was dated 2011. The case law I cited from 2014. It appears NC is coming out of the dark ages.

    https://www.law.stanford.edu/news/th...tery-goes-down
    Rothrock v. Cooke


    In WV the roundabout charge, criminal conversion was also shot down by the courts.

    http://law.justia.com/cases/west-vir...4/14-0280.html
    Golden v Hon. Kaufman

  8. #8
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    Default Re: Can You Be Sued for Alienation of Affection if the Married Person is Separated

    Practical advice:

    Don't start up a relationship with a still-married person. Even during separation both spouses will inevitably have feelings for the other, and the axiom "Fools rush in..." is absolutely spot on. Wait until the dust settles. For everybody's sake.

  9. #9
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    Default Re: Can You Be Sued for Alienation of Affection if the Married Person is Separated

    Quote Quoting Disagreeable
    View Post
    The case law you cited was dated 2011. The case law I cited from 2014. It appears NC is coming out of the dark ages
    Your comments reflect a poor understanding of the law, and the very confused notion that a trial court can overrule a state's supreme court or even an appellate court, but surely even you can understand that an appellate decision from May of this year is not from 2011, and that appellate decisions that post-date the trial court decision you mention are from after that decision.

    As much as I hate to break this to you, as well, North Carolina is not in West Virginia. If you must post uninformed opinions, perhaps you could limit yourself to posting in the social forums. The relevant case law pertains to separation, not your fantasy that a trial court has overruled the state's supreme court and legislature.

  10. #10
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    Default Re: Can You Be Sued for Alienation of Affection if the Married Person is Separated

    Read the first case. It was upheld by the NC Supreme Court. The second article was simply confirmation other states are coming out of the dark ages on these laws that serve no public purpose and simply reward woman for being bitter their marriages failed.

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