My husband cheated on me beginning in September 2016. I found out about the affair in November 2016. He moved out in February 2017 and I sent separation papers to him, but those were never signed. In September 2017 he agreed to go to one marital counseling session and that was it. My husband remains with the affair partner since September 2016 and plans to marry her. We are still arguing a settlement and I am aware she doesn’t have money to pay if I filed for alienation of affection. Can I still sue her for alienation of affection and criminal conversation? When is my final opportunity to sue her? If he files for divorce and they get married, can I sue her at that point and it will make my ability to gain more in an alienation suit?
You can still file a lawsuit for alienation of affection and criminal conversation against the paramour even if she does not have any money or assets to satisfy the judgment. However, oftentimes it will be very expensive and time consuming to move forward with such a lawsuit if the defendant cannot satisfy the judgment at the end assuming you win at trial.
You have three years to file a lawsuit from the time the last act giving rise to the claim for alienation of affection or criminal conversation was completed.
Suing your husband paramour once she and your husband are married would not affect your ability to collect a judgment.
Take a look at our article Infidelity and Alienation of Affection for more detailed information on this topic.
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
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