Alienation of affection


#1

I have been in a relationship with a married man for some time, his wife has seen texts, gotten a confession, and they have reconciled twice. She recently obtained his phone records and saw my number multiple times and they are discussing separation. I am not opposed to or encouraging this. Since they had previously “reconciled” after the first few times, I understand they can’t be used against me. Would phone records be enough to constitute alienation of affection? If they do separate what are my options as far as dating him? This is a mess, and understandably discreet on my end, I am just trying to look out for myself.


#2

I’m not sure why you believe she can’t use the fact that she discovered the affair twice and reconciled with her husband against you. Reconciliation only matters for the husband if we are talking about factors for whether the court must award alimony. For alienation of affection, a person must prove that there was a loving relationship, that relationship was alienated, and that a third party’s actions caused that alienation. If I were representing the wife, I would argue that the fact that you were caught twice in the same situation and continued to have an extramarital affair is far more egregious than a short lived affair.

Since adultery continues to be a crime in North Carolina, we recommend that people wait until their divorces are final until they date.