Alienation of affection


#1

How does the court determine the point of the last act of alienation? I’m concerned about an AA suit. The spouse found communications between us in Feb 2009, and they didn’t separate until Dec 2010. So for the 3 year statute of limitations on AA/CC, would they use the Feb '09 date (meaning I would have no worries now), or the date of separation (meaning I would have another 16 months to worry)?


#2

Determining the date that the statute of limitations starts to run in these cases is very difficult if not impossible. Your best option is to meet with an attorney and get an opinion after revealing all of the facts. Even then, however, you won’t have any certainty until a court considers and rules on the issue if it’s raised. Always assume the worst when it comes to the statute of limitations and calculate in the way least favorable to your position so you’ll be more confident regarding your situation.