Alienation of Affection


#1

Dear singlenow:

Greetings. At the time of your friendship with your current girlfriend which corresponded with your marriage - were either you or your girlfriend living in North Carolina? Thanks

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

[Yes… we both lived in North Carolina]Originally posted by JanetFritts

Dear singlenow:

Greetings. At the time of your friendship with your current girlfriend which corresponded with your marriage - were either you or your girlfriend living in North Carolina? Thanks

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.
[/quote]

Sven Mich Brod


#3

“At the time of your friendship with your current girlfriend which corresponded with your marriage - were either you or your girlfriend living in North Carolina?”

Okay question: Why would that be relevant? I understand that he is technically still married, but I would think that the seperation would a priori prohibit an AOA claim. Or is the appearance of something more than friendship enough to sustain an AOA claim? Or can having a close friendship with someone of the opposite sex be enough to sustain an AOA claim? I do not understand. This statute along with Criminal Conversation just makes less and less sense to me the more I read about it.


#4

Dear lawstudent2be and singlenow:

Greetings. First, yes, alienation of affection can cross state lines from North Carolina to a state that does not recognize the same as long as there is a connection to North Carolina. Yes, the law is complex, but no separation itself is not a bar or block to an alienation of affection claim, as the alienation may have occured before the separation or at the same time as the separation. 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.


#5

My question is can an alienation of affection claim cross state lines from North Carolina to a state that does not recognize such.

I left my wife after agreeing to separate and moved across country with a new job. My current girlfriend moved in with me approximately 5 months later. My ex-spouse is claiming she will file an alienation of affection suit against her.

Background: my girlfriend and I were friends before and during the 7 month marriage to my now ex-wife. Shortly after the marriage (@ 2 months) it became apparent my wife and I were not compatible. We agreed very early on it would not work in the long run (due to her wanting a child and I not) and while I was job hunting we agreed to separate. I subsequently took an opportunity outside the state and later became closer to my then friend, now girlfriend. Neither my girlfriend, nor I are residents or North Carolina.

Sven Mich Brod