Alienation of affection lawsuit


#1

Need some help…maybe an attorney…

My wife and I live in WV, and a friend of my wife’s thinks my wife had an affair with her husband in 2010. She is threatening us with an ‘alienation of affection’ lawsuit. The other person used to live in NC, but has lived in WV and MD since 2008, after getting married and buying a home in WV. Nothing occurred in the state of NC, and I do not believe she is a legal resident of NC since 2008.

She states that she still pays taxes in NC and is therefore a legal resident, and can sue my wife there. I do not believe this to be true, since she is domiciled in WV and MD since 2008. Can she sue my wife in NC for alienation of affection?


#2

North Carolina doesn’t have personal jurisdiction over your wife if she doesn’t live here, or the marital misconduct didn’t occur here.