Alianation & statues

North Carolina Divorce Law Divorce and Separation Answers
1

Dear hopeful:

No, alienation of affection is a lawsuit against a third party - NOT a husband or wife to the same marriage. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.

2

Scenario: A spouse has an affair and in turn has a child from the affair. The “guilty” spouse stays in the marriage until a couple of years after the birth of the child. The other spouse is told of the affair and the birth of the child - few years after the birth of the child. The “guilty” spouse leaves the marriage and takes the child with he/she.
Questions: Can the “guilty” spouse still be suied for alianation of affection? If so, is there a statue of limitations for this situation?

Thank you for your time.