“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.”
This would mean that if you are suing for a incident that took place in June '03, then your three years was up June '06. I do not believe that you can use a tape recording of that nature in court because neither party on the tape has knowledge that they are being recorded. Also there wouldn’t be any way to prove that the voice on that recording is his new wife unless she said who she was.
On a side note, from the limited information you have here, he’s trying to stop paying alimony which would be one less point of contact with you. Would that not be one step closer to leaving you alone??
The alienation is considered complete when the divorce is final. That means you would have three years from the date the divorce was final.
The tape recorder is not admissible, as you were not a party to the conversation.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
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Charlotte, North Carolina 28262
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Chapel Hill, NC 27514
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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.
My X told me he was leaving in March 03 and didn’t actually leave until October 03. In June 03, I took my son to the beach for a week and put a voice activated tape recorder in my home. What I heard was another woman in my house (who is now his new wife) and my X talking to a friend about being with a hooker! Now, he’s trying to stop alimony payments based on co-habitation, which is not true, and I am ready for the A of A suit against his new wife as of February 2007. When does the 3 year statue date for alienation begin? Can I use the tape recording in my suit against her?
I wouldn’t have pursued this suit otherwise, but don’t understand why he can’t just be happy with his new life and leave me alone!