If you can show that you had a viable marriage before the influence of your wife’s co-worker then you have a case of Alienataion of affection.
“There is a three year statute of limitation for criminal conversation and alienation of affection, pursuant to N.C.G.S. Section 1-52(5). This statute starts on the date that alienation occurred, which is determined by a court on a case-by-case basis.”
I don’t believe the current state of your marriage makes much difference. I’ve seen responses on her from attorneys that say you do not have to be separated or divorced to sue the third party for this. Yes, his wife can sue your wife for the same thing, providing they had a viable marriage prior to this affair also. And no, I don’t believe you can stop her from suing if it is her intent to do so. The only way to stop these from going to court is to settle out of court. There’s another post on here entitled “Alienation of Affection” from ComingClean that may interest you.
Hope this helps. Good Luck!
Hi atmyownpace: Apparently my situation had gotten a lot of interest. If you wade back to like page 5 or 6 (past all the lovely SPAM ads) you’ll see my original post (with FLAMES!!!) and the AofA update that is below yours.
In my opinion, AofA lawsuits are a costly way to make revenge. I’m not condoning the actions of those who alienate their spouses and/or families. Being on the possible receiving end of that, I try to see what the ‘hurt spouse’ gets out of suing someone that their spouse took interest in. Some money? Sure. Does it get the husband/wife back? Can a marriage survive that shattered trust and vengefulness and truly be a happy marriage? Revenge may make you feel better temporarily, but in the long run, it won’t make you happy. I don’t apologize for the feelings I developed for this man. But I do apologize for the timing of them. But you know, that is hard to control too. Divorce is hard and it sucks…I went through it too. But I would have never dreamed of suing someone else that my ex fell for. My dignity and pride would not have allowed it…I would just cut the ties, heal as best I could, and move on. Life is too short.
My advice is to not sue. If you do and your wife stays with you, then you’ll have to work hard to get through that part. If the other wife sues YOURS, then it’s a double whammy. You need to make a decision on whether your marriage is worth keeping AND your wife has to share that decision. If SHE is not willing to work at it, it doesn’t matter what you do to make things better…it will not work. It’s a 2-way street. You BOTH have to be on the same wavelength. It doesn’t seem like her heart is in it. I know it hurts.
Thank you for your thought’s. Accually she appears to have her heart in it. I ended the relationship immediately and as far as I know she has not contact with the other person, but how do I know she is telling the truth, she lied for 2 years. Being on the receiving end, there’s no feeling in the world that can top having a person of 22 years that you trusted stab you in the back when they had not reason to do so. We have good jobs, make pretty good money, two healthy children, didn’t fight, got along great. There’s not excuse to do what she did, it’s a selfish act. She has basically gotten away with it, no one knows except us, I kept it hidden to protect my children from knowing what there mother did and to face the shame of others knowing. The reason I am asking about AofA is I just want the other guy to pay, as far as I know they are still split up, she has taken the house and kid among other things, she moved so I really don’t know. I was under the impression that you still have to be together to sue for AofA but I am probably misreading it.
Dear atmyownpace:
Greetings. There is a 3 year statute of limitations. No, you do not have to be together to file a lawsuit. I don’t understand the basis for your other questions…please rephrase and ask again. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I am looking for more clarification on the Alienation of Affection law. My situation is I have been with my wife for 23yrs, 15 of that married. We had a good marriage, no fighting, no physical abuse, two healty children, good jobs, got along pretty well. She stayed home with the kids for 7 years and returned to full time work about 4 yrs ago(april 2003). After a while she started talking about a male co-worker all the time. They worked side by side in the same office. She then started to invite him and his wife over for drinks quite often. Then I noticed the numerous cell phone calls after working hours, I questioned her but I got the we are only friends answer. They started acting like teenagers on the phone even when I was around, they called each other constantly. I questioned her numerous times but got the same answer. Around the middle of 2005 things started to change, she basically cut me off, came home late from work most every day, had excuses to get out of the house, didn’t have anything to do with our children or myself. Talked down to me, was hateful. She basically alienated her family. July 2006 she did something I though was strange, she told me she had to work late at her part time job and had my mother inlaw keep the children. I was woking 3rd shift at the time. She planned this two fridays straight so I new something was up. I set up a vidio camera and cought them, he had spent the night both fridays. Since then I have tried to save out marriage, we are still together.
My question is this a case for alienation of affection? What is the statute of limitations? What are the rules? Do you still have to be together to claim a suit? Can you stop the other party from claiming the same suit against your spouse? If the other party is seperated or divorced can they sue for the same thing?