Alienation of affection

North Carolina Divorce Law Divorce and Separation Answers
1

Dear shell64:

Greetings. Yes, you can litigate this claim against anyone who intentionally took actions to destroy the love and affection in your marriage. The problem is that the lawsuit is very costly if done correctly and the people you are suing will have a number of defenses. One of the defenses will be that your marriage was already destroyed, which if you sue your in-laws, your spouse will be only too glad to testify in their behalf about.

I know that you are mad, but I would tell you to take a vacation with the funds instead, which will give you must more satisfaction!

If you do decide to retain an attorney for the alienation of affection lawsuit, it does not hinder the divorce issues which your other attorney is handling for you. But, I promise you the vacation will be better! Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

My attorney does not want to pursue this. I realize it is costly.
It is my understanding that you can sue not only the person who had the affair with your spouse, but also anyone else who encouraged the other party to leave the marriage; whether it be in-laws. To sue they wouldn’t necessarily had to have sexual relations with my spouse(of course the in-laws did not). How is this done? I’m not out for the money! There really isn’t any. I want to make a point. They are so smug and arrogant. They think what they have done is perfectly ok. Your opinion on this would be greatly appreciated. If my attorney does not want to do this, can I hire another attorney to do this for me without jeapordizing what my attorney is already handling for me.