My ex-husband and I have a child together and are trying to work things out. He remarried after our divorce and was living in NC. He left her and moved to Ohio to be with our daughter and myself a few weeks ago. Before he left he retained an attorney and had separation papers created and gave them to his wife. He and I did not have any sort of innapropriate relationship during that marriage however his soon to be ex wife has threatened to sue me for alienation of affection. My question is can she do this? I dont live in NC and haven’t even been to the state in last 3-4 years…alienation of affection is not a law in the state of Ohio where I reside. Please advise?
To sustain an action for alienation of affection she must show that love and affection existed between her and her spouse, and that your actions alienated that love and affection. Since you don’t like in NC she’d have to argue NC has jurisdiction over you in some other way, such as phone calls or emails to him while he was in NC.