Alienation of affection part 2

(See my previous post on your first post about initiation and admissibility.)

Yes, phone records can be used and subpoenaed to show that unusual contact occurred between the parties in question. (Thank God, because it’s one of the ways I’m able to defend myself against a CC/AA accusation. There was virtually no phone contact between myself and the person I’m accused of having an affair with prior to their separation.)

Probably what would happen in your instance is that he would have to pay an attorney a sizeable retainer. That attorney would first send a threatening letter to try and force you into a settlement. Then there would be the request for your financials and other such information. Chances are that once he saw that you had no money to get, he would encourage his client to drop the case. However, if out of vindictiveness the client chose to go through and bear the full cost up front for getting a judgement, it could still go to court.

And, yes, as much as I don’t condone having an affair, it is pretty much a form of legalized slavery via extortion at this point.

All of this evidence would be considered in court. If the married person contacted you first then that would certainly be evidence that they were not in an otherwise happy marriage. Emails and phone records are admissible evidence. He will have to prove he had a happy marriage and if it had not been for your interference they would have continued to have a happy marriage.

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 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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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.

What if the married person is the one that contacted me and initiated it the affair? She contacted me because the mariage was broken. Also are the emails that he has admissable in court since he got them off her personnel email account? He also has phone records.

Doesn’t he have to prove that the marriage wasn’t broke? Mya attorney advised me that alienation of affection is so hard to prove and costly. This guy thinks I have alot of money but all i live from payday to payday. Now he is holding her hostage saying he want go after me if she stays. That sounds like extortion to me!