Alienation of Affection and Criminal Conversation


#1

The answer to this question was discussed during our live podcast, the recording can be found at:

radio.rosen.com/2008/07/10/nc-di … ly-9-2008/

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I listen to you on the radio answering this questions maybe I can fill in the blank question or answers you had. He told me he wanted the relationship till just june 19, 2008 which he text message me and told me he did not want me. I found out about girl friend from his mom he would not tell me but he later text me told me about her. He came back here last year in May 2007 when my daughter was kill in car accident and he stay with me and as far as I knew all this time he wanted me and wanted our relationship. He told me that if he uncle had not given him the place down there he would still be here. I fill so lost, if not alienation of affection or criminal conversation then why not adultery could i file? I really just want my marriage could i ask for us to do counsel from the courts. thanks


#3

The sad part about this is that you can not force someone into marriage counseling. If your husband has another woman in his life and is living in another state, it’s not likely that you are his main concern. It takes two people to make a marriage work and it sounds, at least to me, as though you are the only one that is still in the marriage…
I am so sorry to hear about your daughter, but it sounds as though your husband only came back because of this. In emotionally devistating circumstances it’s often easier to hold on to what’s comfortable. That kind of grief often is lessened to some extent by being closer to people who feel the same as you. That may be the reason that your husband acted so differently while he was here.
It may not be a bad idea for you to seek counseling yourself for all the emotional stress that these two events can cause.


#4

I am terribly sorry to hear about your loss and it sounds like you are going through a rough time. In order to sue the girlfriend for alienation of affection you need to prove that she took some action and because that you are no longer a happy couple. This is going to depend very heavily on when he got involved with this girlfriend.

Adultery is a crime but you can not file an action for adultery, those are charges that must be filed by the state in their discretion.

I wish you the best of luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

SHE CAME INTO THE PICTURE THIS MARCH. JUST ON VALENTINE DAY HE CALL ME THAT MORNING EARLY TO TELL ME HAPPY VALENTINE AND I LOVE YOU AND AFTER THAT HE STOP RETURNING MY CALLS AND ANSWERING MY TEXT. FROM WHAT I BEEN TOLD FROM HIS FAMILY SHE HAS CHANGED HIM. I WAS LEAD TO BELEIVE THAT HE WANTED THINGS TO WORK OUT FOR US. I WOULD HAVE NEVER BELEIVE THIS. FROM ALL I WAS TOLD HE LOVE ME AND WANTED OUR RELATIONSHIP BUT WHEN SHE CAME INTO THE PICTURE THINGS CHANGED AND EVEN TOWARD HIS MOM AND DAD SINCE THEY DO NOT APPROVE OF THIS GIRL. EVERY WERE I LOOK FOR COUNSELING IT COST WAY MORE THAN I CAN PAY AT THIS TIME. HE HAS NOT ASK ME FOR A DIVORCE YET. THE WAY I FOUND OUT ABOUT HOW HE FELT ABOUT OUR MARRIAGE WAS OVER A TEXT MESSAGE HE TOLD ME HE DID NOT WANT ME ANYMORE AND THEN AFTER I TOLD HIM I KNEW ABOUT THE GIRL HE WOULD NOT SAY IT WAS TRUE OR NOT JUST CAN I NOT HAVE FRIENDS BUT LATER I GOT A TEXT TELL ME THAT NOT TO CALL HIS FAMILY OR HIS GIRL FRIEND OR SHE WOULD PRESS CHARGES AGAINST ME. WHICH I HAVE NOT CONTACTED HER SO WHAT CHARGES SHE COULD PRESS I AM NOT SURE. I FEEL THIS IS HER TALKING FOR HIM AND HIS MOTHER TOLD ME AS LONG AS SHE IS IN THE PICTURE SHE DID NOT KNOW IF THERE WAS ANY GETTING HIM TO LISTEN TO ANYTHING. I UNDERSTAND SHE LOST CUSTOSY OF HER KIDS AND HE IS PAYING HER BILLS WHICH NOT ONE TIME SINCE HE BEEN GONE DID HE EVER ASK OR SEND ME ANY MONEY AND HE KNEW I WAS HAVING A VERY HARD TIME. I DO KNOW THAT MISSISSIPPI AND NORTH CAROLINA ARE IN THE FOUR STATES THAT LOOK AT alienation of affection or criminal conversation
I DO FEEL LIKE I THE ONLY ONE TRYING AT THIS TIME. THANKS TO ALL FOR YOUR ADVISE


#6

my husband left me in 2/2006 to move to mississippi telling me that he would come back for me after he got a job with insurance since i need it. his uncle gave him a place there for free he told me that this would help us with money problems we were having at the time. after he got there 48 hours he was a whole different person and he could not find a job with insurance and then he was not sure he wanted me there and he could not call me he did not have time with job and his family. now i found out he has a girl friend and i still love him and don’t want a divorce and he not ask yet but if he does i want the truth to be told what do i need to prove the subject and can i filed here in nc and he in ms ?