Alienation of Affection?


My spouse had an affair during one of her many out of the country business trips with a colleague who resides in the country she visited/worked in - for an extended period.

Months before the trip, they engaged in many phone, text and other e-communications although not sexual in nature, they seem to indicate the development of an intimate relationship. These communications took place in many locations as she traveled, and while she worked out of her home office in NC.

She is now seeking a divorce.

She has not admitted to the affair! But I found emails, texts, etc; on her hard drive.

What rights, if any, do I have to pursue Alienation of Affection? Since the actual affair took place in a foreign country, and the individual lives in this foreign country, does the ‘long-arm’ extend to that country?


There has recently been a lot of case law regarding whether communications to a party in the state of North Carolina is sufficient for the state to have jurisdiction over a party. If none of the actions that contributed to the alienation of affections claim occurred with in the state of North Carolina, you will have to prove that this party has sufficient communications. You would be best served by having a consultation with an attorney in your area to discuss the specifics of your case to determine if an action is worth pursuing.


I had a very similar question, although a few changes to the scenario.
I also discovered by now ex-wife was having an affair. Several to be honest through email and chat, but only one physical in nature with a co-worker here in NC.

I had discovered texts and emails of the affair and even went so far as to have my separation attorney advise that I’d be seeking claims for alienation of affection and criminal conversion.
I also have my ex wife recorded on audio admitting to me she had the affair but this was well after we signed our separation agreement as a result of the affair.

However, I’ve hesitated on moving forward (while I still within the 3 years of the events) because the guy she was cheating with threatened me back by suggesting I obtained access to her emails unlawfully and he would contact lawyers at my place of work if I proceeded.

Of course the actions have nothing to do with my place of work but the threat was enough to allow me to pause consider things before proceeding.

Real question for me is - how likely is it that I’d win either of the two claims with ample evidence of their affair? Have emails, public internet logs of their attempts to hide communications and emails between the 3 of us after she was caught asking him to leave her alone.


Commenting on the likelihood of success in a lawsuit is outside of the scope of this forum.


Can an alienation of affection claim be made if the spouses live in another state without such laws but an affair took place in NC? The spouses have filed for divorce in their state of residence (not NC).