Spouse filed for Divorce in another state in 2006. we seemed to patch it up and I agreed to move to NC as soon as I could early retire. I did so and sold marital residence and moved to NC July of '07. Things were portrayed as ok but finally I gave up on having relations with spouse for at least 2 yrs now. I have met someone and would like to investigate things further. Seeing as I have tried to repair my marriage to no avail and she had previously filed for Divorce, is there grounds for an Ailienation of Affection. I need to know many things about divorce here in NC.
babyboomer
Not an Attorney
For an AOA suit to be successful, your spouse would have to show that the marriage was happy prior to the act of alienation. It sounds like from your description that it is not, however, there are always two sides to every story, and if an AOA suit was brought, it would be up to the Judge/Jury to hear both sides and to make a determination as to whether the marriage was happy…Point being, that’s subjective.
You would be more likely to have a Criminal Conversation action be successful. With a CC suit, all that is required is proof you are having sexual relations with your paramour, prior to legal separation. So, if this is a relationship you want to pursue, you need to establish legal separation by moving to a new residence (or have your spouse move out) before engaging in sexual conduct.
Lastly, be aware, that separated or not, until you are divorced, you are committing a Class 2 misdemeanor in NC if you engage in sexual relations with someone other than your spouse. Only until the final divorce action is entered, is this not the case. These crimes are rarely prosecuted, but it is illegal, nonetheless.
To succeed on an alienation claim, the plaintiff has to show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection.
The previous filing for divorce will likely not be relevant as it sounds like you and your spouse reconciled since that time.
To learn more about alienation of affections claims and other potential liability, you can read further: