Alienation of affection

North Carolina Divorce Law Divorce and Separation Answers
1

You can sue any third party for alienation of affection if their actions diminish the love and affection that your spouse has for you. However, these lawsuits are expensive and hard to prove. Your spouse had a choice of whether or not to put up with her actions and he chose to do so. He could have taken his ex-spouse to court and used legal measures to get custody of his children and address her negative actions. Given this information, I do not know how successful you would be with a lawsuit for Alienation of Affection.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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.

2

Husband used to live in NC and visits state freqently for court and other reasons. Ex-wife vowed to destroy our marriage. She used chidren and said he would never see children if he did not divorce me and come back. He gave up custody to try to protect chidren. Still pays a lot in child support and loves kids. Since this time he found issues of one child with STD as of 12 and one had a pregnancy test at 11. She had refused to give him any information regarding medical after she said he could talk to the doctor and he paid the bills, so he still does not know what occurred. This is all documented by e-mail. If you send documentation showing this kind of problem and then say “you will not get any information about what you are paying for” clearly shows a spiteful intent. This has obviously severely damaged our marriage or so he told me after spending time in NC trying to deal with this. All of her actions based from NC.

I think people should use AA for people who vow six years earlier to use kids to cause stress and destrution in a marriage and then take actions clearly intended to do so. This is the essence of an intentional act at least to me.