Alienation of affection questions


#1

Dear il:

Greetings. Remember that the spouse has to prove that you, and you alone, were the alienating factor. Meaning that they have to prove that there was a loving marriage and that you alienated the love. That does not sound like the case here. It sounds like he would waste a lot of money trying to sue you.

No, the cell phone records alone would not suffice as evidence of your alienation, especially if you were in another state. You have to prove there was love before alienation.

I think it would be difficult for him to sue you for Alienation of Affection. If you are having sex with his wife now though, before the divorce, you may be sued for criminal conversation.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Hi Janet,

Thank you for your response to my issue. I do have one last question though. Regarding the possibility of the criminal conversation, is it that I have to wait before she is divorced to have a physical relationship with her or is it I have to wait before the separation papers have been filed? Also if that is the case with her, does the same apply to him as well that neither party can have physical relations until separation is legally filed or the divorce is finalized?

Thank you again for your help and should I need to acquire your legal services in defense of myself in these matters, I look forward to working with you.

IL


#3

You must wait until the divorce is final or criminal conversation applies to any sexual relations. Search the forum by typing in “criminal conversation” and you’ll see tons of previous posts addressing this issue.


#4

Dear il:

Yes, you should wait until after the divorce. If her separation agreement contains a provision that waives third party claims, then you will be okay with regards to the alienation of affection and criminal conversation - but not with regards to criminal adultery. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#5

Hi,

I have questions regarding alienation of affection and if I’m at danger of being caught in one. I have become romantically involved with a close friend of mine that has recently been separated this past April 2005. I had been best friends with her husband for the past 5-6 years and close friends with her for that time as well. They have been married since Sept. 2001 and I was even best man in the wedding. January 2004, the husband got caught having extra-marital affairs and caught an advanced form of gonerreha. While their marriage has never been a smooth one for them, the wife feeling no other option has tried to work through getting over the issue in the time between Jan. 2004 to April 2005. He being in the military reserve full time got stationed for training out of state and got caught in March 2005 with ordering pornographic materials which pushed the wife over the edge and prompted her to seek to end their marriage. When confronted with this, he threw her out of the house that night where she then stayed a few houses down with myself and my roommate(her highschool friend) in our extra bedroom. She has since asked for a separation with his refusal to sign the papers. I have become romantically involved with the wife during this separation process and the husband has made threats and accused me of alienation of affection. His accusations arise from cellphone records showing her excessively calling the week before separation to me while I was out of state, to ask to talk and for advice on how to approach the situation.

I have read about the legal basis of the charge of AofA and can see the case moving either way if I am in danger of being charged myself. I guess the main point in question is that of whether the marriage had a genuine love and affection at the time of separation right? If I am taken to court, I am assuming the cell phone records suffice as evidence of my alienation right?

Can you tell me if I am in the situation of being in danger of having charges brought against me?

Also the wife has agreed to move out of our house to a neutral home or stay in the guest room of her home owned with the husband as good faith. She has agreed to see a marriage counseler with him to discuss with them that she has no intentions of reconcilling, but also so the husband can realize that there is no future relationship for them after discussing the problems they have as being in-reconcilable for her.

I appreciate the help you can offer.