Alienation of Affection

North Carolina Divorce Law Divorce and Separation Answers
1

Dear freedom1:

Greetings. First, I hate to hear about what these two people are doing to you and everyone around them! We do not work on contingency fees, and I do not know of an attorney that takes alienation of affections and criminal conversation claims on a contingency fee because they are extremely speculative. If you do decide that you want to work out the case and take it to a jury, please let us know. These cases are very expensive to litigate. Best of luck and if you find an attorney that will take your case on contingency, please let us know!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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

Speculative? I have proof, before, during and after. Cell phone records from the Wake County Sheriffs office (where he is a deputy) Is that not enough, and to see that he is not living here with us, and not sleeping at his sisters home? Pictures of her picking him up on Christmas eve, baggs packed and all?

How could that be speculative, it’s plain in my face. I pray I will find an attorney willing to work with me since I am a full time nursing student with 3 children and this woman needs to be accountable for her behaviour and actions too. You can not tell me that talking, going on a trip to florida, where he was not a registered guest, but she was, and spending time with her and not his family is not alienation of affection. Do I have to catch them in the act…to prove AOA?

How much would it cost to retain an attorney?

3

Hi Freedom1,
I’m in the same position as you are and I know exactly what you mean. My husband and his paramour are both teachers and seem to believe that they did nothing wrong. I hired a private detective and I have him admitting on tape that they are, and have been for quite some time, having an affair. I have plenty of proof to prove that, but my attorney told me that all he has to do is convince the jury that he wasn’t happy and I will lose the AOA suit against her. So even though he was telling me that he loved me and acting like nothing was wrong, if he testifies on her behalf and lies, I loose. I don’t get it… I feel that she also should be held accountable for her actions since she knew he was married and had children. Now I am unsure of what to do. I hope it all works out for you, (and me).

4

Dear Freedom 1 & mariac:

Greetings. I am sorry that I did not make myself clear in the last post. The damages are speculative. What I mean is that you have no idea how much you may or may not win. Some cases have been millions and some $1.00 or zero. The damages in an alienation of affections lawsuite are speculative, and therefore potentially very costly for an attorney to handle on contingency fee.

I would estimate that you would spend about $5,000.00 to $10,000.00 per month in the litigation on an hourly basis. Our fees, since they are flat fees, are different.

In an alienation of affecttions lawsuit, you must prove that the affair ruined the nature love and affection between the parties. This does not mean that everything was “lovey dovey” all the time, but you do have to show the parties acted in a loving manner together prior to the affair starting.

I hope that answers your questions. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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

We were in a loving relationship…we had people at our dinner table planning a cruise with us, they could see our affection for one another, I have emails from him stating how much he loved me, even though we were struggling a little financially, he was struggling spiritually. I have an email to our pastor he sent expalining what he was going through…and then days later this woman entered the picture. As from the phone records , she persued him, although he was weak in the flesh, she still did physical and moral wrong.

I can have people come in and be witness, like Pastor, our friends that came over regularry to play cards and fellowship, and say that they saw a good loving marriage, attened church reguallary and very involved in the church, softball, etc.

Him and this other woman have been see out in public before and after the date of seperation, I caught him at her home several occasions, the police came out there, the whole thing is a bizarre.
What she has done is morally wrong, I know this in my heart was wrong and I am not trying to get back at anyone, just that she should be held accountable for her behaviour and actions according to the law.

What is the flat fee for an AOA case? I will do what it takes to save for something like this to prove a point that this is MORALLY wrong…I have been wronged and if there is any compensation for what happened will go to needy children in 3rd world countries no matter what the amount, it will be used to missionary work.
No matter if my spouse returns or does not return someday, she played a major role to him walking out and minipulating his emotions and confused him.

He is very confused, and ashamed at this point and trying to rise above the wrong behaviour and actions, but the damage has already been done.

How and where do I get started? I am in nursing school fulltime with 3 children, so what she has done has inpacted my life in a major financial and emotional way with my husband being our sole support. I understand they had free will, but it looks as if she persued him too, they both chose to do this.

6

I have a VERY STRONG case. Phone records, pictures, police reports, bank statements, you name it I may have it. This woman even came to our home to pick him up on christmas eve, and after he left is still spending time on the phone with her and NOT sleeping at his sisters like he says he is. His sister condones of his behaviour since she does not encourage him to deal with his problems and tells our children that dad should divorce mom, when his sister does not know about the other woman. He has decieved so many people in this chaos.

Do you have an attorney that will work on contingency. This other woman is a NC State graduate, has a good job, and does not even care that she has destroyed our family.

Can someone help. This is a lawyers dream case!