Alienation of affection - statute of limitations

North Carolina Divorce Law Divorce and Separation Answers
1

I found out that my husband was seeing another girl in February 2009. I decided to move forward with our marriage and try to work out the issues and he supposedly stopped talking to her. Unfortunately things did not work out despite marriage counseling, etc and we separated 22 months later in Dec 2010.

I recently found out that he is now dating that same girl. If I were to investigate further and find out that they did continue seeing each other all along, how long do I have to file a claim for alienation of affection against her? I know the SOL is 3 years, but is it 3 years from Feb 2009 when I initially learned of and forgave their relationship or would it be 3 years from now?

And what if I cannot find any proof that they kept the relationship going? Can I still file a claim against her and how long do I have to do it?

2

The SOL is 3 years from the date of the last act that caused the alienation. It does not matter if the relationship is still intact, just that her actions destroyed your spouse’s affections for you.

3

So in this case, the “last act” would be Feb 2009? I can’t figure out if it would be then or now?

So for example, let’s say I find out the were seeing each other up till the date of our separation. Is that the “last act”?

4

It would be the time that the affections were destroyed.