Alienation of Affection

Alienation of affection is a suit brought against a third party whose influence had an affect on your marriage. In this scenario, your husband would sue the person you had the affair with.
The suit that could be brought against you would be criminal conversation, which is proved by showing a valid marriage and that the act of sex occured with someone other than your spouse. This is a crime in NC by the way.

many times these AA suits are settled out of court because no one wants that to be public.

Dear duminnc:

Greetings. In your example, where you cheated on your husband, then he would sue the person you had the affair with. No, you would not be concerned with the charge. Good luck.

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.

Can someone explain to me who is sued when an Alienation of Affection case is presented in court? For instance if I cheated on my husband does he sue me or the person I had the affair with? If I am on welfare should I be concerned with such a charge? I have nothing he could sue me for and I know my husband cheated on me. I only have hotel charges on a credit card statement a few sexualy explicit letters from another woman (who is in prison). I dont know if this is enought to constitute proof that he was cheating on me.