Alienation of affection

North Carolina Divorce Law Divorce and Separation Answers
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Dear singlenotlovingit:

Greetings. No, I don’t think that you can sue him for fraud. You may be able to sue him for intentional infliction for emotional distress, but I am not sure that would even work. You may be better off trying to defend the action by proving that the parties did not have a relationship filled with love in the first place.

Now, the second answer is that only the non-cheating spouse can truly sue.

I am sorry to hear about your dilemna. Make sure to find an attorney in your area who can assist you in resolving this issue before it reaches the courts! 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.

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  1. If a single woman starts an affair with a married man, thinking he is single, but continues the affair after she finds out that he’s married, and if he promises that he is going to leave his wife for her, and then he decides to stay with his wife and work things out and the wife sues her for alienation and crim conversation, can’t the single woman sue the man for something? Like Fraud? Since he told her he was single at the beginning and promised to leave his wife for her and changed his mind when she least expected it?
  2. If the single woman encouraged the man to leave his wife and caused fights by calling the house late at night, etc., can both the Mr. and Mrs. sue her or can just the wife sue her for alienation of affection and criminal conversation?
    Thanks for letting me know. This is all very embarassing because now all my friends know I was having an affair with a married man and I had told them he had been separated for a long time and was getting divorced before he met me. What a mess.