I recently learned that my X was indeed having an affair during our marriage. I am less than 3 years since the separation. After my husband left, he gave me separation papers. We worked on them and signed in June. My question is I met a guy and had a relationship with him prior to the signed separation agreement. Would that be a case for alienation of affection? I would like to sue my hubby’s mistress and wonder if he could then come back at my boy friend even though he left the marriage and was having an affair during the time we were living together as a married couple. Thanks in advance.
- Not an attorney*
You both committed adultery in the state of North Carolina. (Regardless of who did it first, you were both married while involved with another person)
This would be an unfruitful situation for you if you decided to sue the Paramour now.
If your defense is : “I did it because he did it”, or “he did it first”… well it just really means you both did it & your even … (even if it don’t feel that way).
Not a lawyer
Waterfall is referring to the potential of a DA prosecuting you and your husband for adultery, which most likely won’t happen. This is completely separate from an alienation of affection suit.
If you were separated when you had the relationship with your boyfriend, then your husband will not win an alienation of affection suit if the relationship began after the date of separation. The date of separation is when your husband left without the intent to return, not when paperwork was signed.
I’m curious to know if you think its possible to prove AA after 3 years of separation. Whats your thoughts? Is it possible to prove that this is the reason for the deterioration of the marital relationship? (I’m just curious, since there’s nothing in her question that implies she has proof to convict him of AA) Share your thoughts, I really enjoy others opinions and knowledge.
Not a lawyer
Hey, Waterfall. An attorney will have to confirm, but I believe that if (1) the paramour’s relationship began prior to the separation date (defined above), (2) the last alienating or criminal conversation action occurred less than 3 years ago, and (3) the paramour has sufficient assets, then pursuit of a claim would be worthwhile.
Post-separation actions are not sufficient to make an alienation of affections claim.