Alienation of affection (i want to make sure during 2017 that this still applies)


#1

My husband had an affair for two in a half years with his employee that lives in North Carolina and but we live in Virginia. My husband travels for work their at least 2 to 3 times a week. When this all came out in Oct 16 she sent me emails about their relationship and I have emails from them going back and forth. Could I go forward with filing the claim if I live in VA? If so, do you recommend it and will the outcome be to my benefit?
Thank you!!

Michelle


#2

I am not licensed in Virginia and therefore, cannot give legal advice about filing claims in Virginia.

However, in North Carolina, alienation of affection is a valid claim. You can likely file such a claim against your husband’s paramour in the county in which she resides. The strength of your evidence will determine how successful you can be. Alienation of affection claims can be a slow and lengthy process because they often end in jury trials. A plaintiff that wins an alienation of affection case is awarded a monetary judgment. Oftentimes, if the paramour does not have significant funds or assets, it is not worth filing such a claim because it could be difficult to collect on the judgment.

For more detailed information, check out our article Infidelity and Alienation of Affection.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#3

Thank you for responding back. That helps.

Another question…do I have to be legally separated on paper before going forward with this? I have moved out since Oct and plan to file.


#4

In NC, living physically separate and apart will be enough for an alienation of affection claim. There does not need to be any paperwork involved which memorializes the separation.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.