Yes, I think that you have a case for alienation of affection. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
in january of 2005, i found cell phone bills dating back to august of 2004 to a lady that my husband works with – he said that hey were just friends – there was one weekend though that me and him had gone to the beach for “the honeymoon” we never had – we had a great time – but on the phone bills he had called her at all hours of the night and morning – the phone calls stopped for a while after i found the bills – his excuse was that she was going thru a hard time in her marriage and that we had gotten thru all of that and were doing better and he was trying to help her with her problems – there were phone calls when i was gone to church on wednesday nights sunday mornings sunday nights at trainings for church at camp with the youth – he left in may for the first time then he came back home in july – in september i found a text message after labor day weekend to her that said just a quick hello see ya soon – i approached him with it he got mad and told me that it was none of my business – i got mad and put my hand up and he left for work – he called me and texted me all day long and i would not answer – he came home that evening and told me that he could not live without me that there was nothing to there relationship except for friendship and that he would spend the rest of his life making me glad that i did not leave – he then left again in october – then in dec he came back for 11 days after emailing me that his love had never left this house and that he was miserable – after he had been home for 4 days we sat down to talk and he told me that he had only come back home because of our son and that he couldn’t stand to see me hurt – i asked him if he had had an affair and he said it is according to what you call an affair and he said i didn’t sleep with her but we came real close and i said how close and he said real close and i said are you in love with her and he said “i don’t know, i like trena, yea, i like trena alot” – then he left the day after christmas – i finally got to where i was ok – this just about killed me – and then this monday he started texting me about him being lost, not happy, and we started texting back and forth him wanting to know if i thought there was a chance for us – and of course suckered back in i said yes love conquers all – well last nite at 10:37 i get a text on my cell phone from trena that says “love you too” i text me h and said is she playing with my head or are you playing with my heart he said no he wasn’t playing with my heart – we talked for a while and we still disagreed over some issues that we had in our marriage – but today he emails me and says you said you want me happy and that if i come back i need to come back because i love you and we have issues that we will never see eye to eye on and that it is best if we don’t – we did have issues we did not agree on things with my son/his step son – and i did threaten to leave and he said that i turned my back on him
he refuses to admit that he has slept with her – he refuses to
admit that she has anything to do with him leaving – he says that i ruined the marriage the first time i chose my son over him – and i also need to say this – the three times that he spanked my son – he left bruises on his bottom – the last time my dad threatened to call dss – yes my son has gone out of control and that is being blamed all on me by my husband – but i have always loved my husband and still do and this is killing me – i have asked them to stop calling
he has admitted that they have been out a couple of times since we separated – but we have no signed papers – i have not gone out with anybody – one weekend when he was keeping our son – i went to a local bar with my best friend and there he was with trena he had left our son with his mom and dad – and out of all the time that we have been separated that was only the 2nd time that he had kept him over nite in probably a 2 month period – when i walked in the bar they walked out and got in his truck – i went out and lost it and pushed him and went to her side of the truck and beat the window for her to talk to me and she would not look up and he pulled off
this has ruined my life and we have a son together that is 13
he even bought me diamonds in january and february of 2005 but now says that he just bought them to try to get along
do i have grounds for alienation of affection – without proof that they are having an affair