Alienation of affection

North Carolina Divorce Law Divorce and Separation Answers
1

Dear NCrosewood:

Greetings. Yes, there is a statute of limitations on alienation of affection. Here is what it says on our website about that statute of limitations:

There is a three year statute of limitation for criminal conversation and alienation of affection, pursuant to N.C.G.S. Section 1-52(5). This statute starts on the date that alienation occurred, which is determined by a court on a case-by-case basis.

I hope that helps. My advice is to go ahead and file. Happy Holidays

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.

2

Is there a statue of limitations on when a party can claim alienation of affection? Although both my wife and myself have been separated for going on 3 years now, and we are both seeing other people, I’m afraid to file. She may try to contest or get money from me, using alienation of affection as factor. It has been almost 3 years since the date she accused me of fooling around - which was never the case - but it has worked out for the better for both of us in the end.