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  1. #1
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    Question Alienation of Affection in New York

    My question involves alienation of affection law for the State of: NY

    my boyfriend who used to live in NC currently lives with me in NY. He is now separated from his wife. Can his soon to be ex-wife sue me for alienation of affection?

  2. #2
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    Default Re: Alienation of Affection - New York

    Quote Quoting chuckrock
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    My question involves alienation of affection law for the State of: NY

    my boyfriend who used to live in NC currently lives with me in NY. He is now separated from his wife. Can his soon to be ex-wife sue me for alienation of affection?
    Maybe. NC law allows for it. It would depend on the circumstances and your involvement with the adultery in this marriage.

  3. #3
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    Default Re: Alienation of Affection - New York

    his been wanting to move in with me in NY since January 2009. our affair started since august 2008. his wife says she will sue me, but i live in NY which has does not recognize alienation of affection. he says he does not love his wife before i even met him.

  4. #4
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    Officially across the country from where I've been all my life
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    Default Re: Alienation of Affection - New York

    And so what's stopping him from filing for DIVORCE.

    We'll leave the fact that you are willing sleeping with a married man and apparently ok with it alone.

    As stated, she can sue you in NC. You better check the case law, it doesn't look good for you.

  5. #5
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    Default Re: Alienation of Affection - New York

    The big question is, what is the nexus between you and North Carolina, and were your actions sufficient to create a cause of action in that state. If you meet a guy who's living in New York, who happens to have a wife in North Carolina from whom he is separated, and you start a relationship at that time, your lack of connection to North Carolina should prevent that state from being able to assert jurisdiction over you. But if you were having in affair in North Carolina, or even furthering an affair by making phone calls into North Carolina, that could be a different story.

  6. #6
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    Default Re: Alienation of Affection - New York

    i met him online. visited him in NC couple of times. he told his wife about our affair coz his been wanting to leave her, but she won't let him, so he finally left and waiting for separation papers from his wife's attorney.

  7. #7
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    Default Re: Alienation of Affection - New York

    Quote Quoting chuckrock
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    i met him online. visited him in NC couple of times. he told his wife about our affair coz his been wanting to leave her, but she won't let him, so he finally left and waiting for separation papers from his wife's attorney.
    Yes, she can file suit against you. And she might even win...

    As an aside: You DO realize this guy will do the same to you, right??

  8. #8
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    Default Re: Alienation of Affection in New York

    I had to go to the law library anyway to look up some law for a friend, so I thought I'd check some case law.

    It seems the controlling case is:


    Anne L. Darnell v. Vivian Rupplin 91 NC App 349, 1988.

    Headnote:

    Husband and Wife sec. 24 (refering to the jurisprudence volumes)- alienation of affection- where tort occured-question of fact for jury;



    In an action for alienation of affections where defendant contened that her actions supporting plaintiff's claim occurred primarily in states other than North Carolina, and none of those states recognized a claim for alienation of affections, the question of where the tort occured giving rise to defendant's liability was an issue of fact material to both the substantive law applicable to plaintiff's cause of action and defendant's defense and therefore should have been submitted to a jury.

    p.350:

    To establish a claim for alienation of affections, plaintiff's evidence must prove; (1) plaintiff and her husband were happliy married and a genuine love and affection existed between them;(2) the love and affection was alienated and destroyed; and (3) the wrongful or malicious acts of defendant produced the alienation of affections; Chappell v. Redding 67 N.C. App. 397, 399, disc. rev. denied, 311 N.C. 399; Litchfiled v. Cox 266 N.C. 622, 1966.

    p.351:

    HOWEVER, to prevail under the present facts, plaintiff must do more than establish the essential elements named above.

    A claim for alienation of affections is a transitory tort because it is based on transactions that can take place anywhere and that harm the marital relationship. 42 C.J.S. Husband and Wife sec. 683 (1975); Howle v. Express, Inc. 237 N.C. 667 (1953); Sebastian v. Kluttz, 6 N.C. App, 201. The substantive law applicable to a transitory tort is the law of the state where the tortious injury occurred, and not the substantive law of the forum state.


    To sum, it appears the primary tort must have taken place in NC, if you met a few times, but the basic relationship was out of state, it may be a weak case?

    However, as noted, it is a case for the jury to decide.

    I am not an attorney, so IF, a big IF, If you get sued, you will need an attorney to represent you.

    She also will need an attorney, and given the low damage generally for such claims, her attorney may desire an up front fee? It seems not worth the hassle, if I were her.

  9. #9
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    Default Re: Alienation of Affection in New York

    our 11 months relationsip build up by just texting and emailing while am here in NY and he is in NC, so what are my chances of being sued if my state does not recognize such a tort?

  10. #10
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    Default Re: Alienation of Affection in New York

    if i decide to break off with my boyfriend. am i still liable to get sued for alienation of affection?

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