Alienation of Affection


#1

To win? Money. It’s a very expensive suit to bring.

Hope that helps.


#2

Would his lawyer advise him to pursue an alienation of affection lawsuit with only a couple of phone records and no pictures or taped conversations.


#3

Dear Devil1:

Greetings. No, telephone calls and the spouses changing behavior and her opinion of what happened, may be enough. No, the other spouse cannot file a counterclaim, as they are not a party to the action. The other spouse has their own actions for alimony, equitable distribution, etc.

No, the person would not need recorded messages or recorded phone calls. The alienation of affections, showing the marital deterioration due to the influence of a third party, is what they can show to win. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
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.


#4

I guess what I meant is cant the other spouse just file an alienation of affection suit against the other spouse also. What does it take to win, how much will it normally cost to defend.

What if teh person filing the suit has gone out after finding out about the affair and has more than one affair themselves. So they find out about an affair a spouse is having and go and have 3 themselves.

Also there is proof and witnesses that this couple has been having problems before the affair.


#5

Dear Devil1:

Greetings. No, a spouse cannot sue another spouse for alienation of affections. The claim itself is against a girlfriend or boyfriend, not spouse vs. spouse.

The suit costs as much to defend as it costs to prosecute, if not more.

Obviously, if the other person is having affairs then you can sue the person(s) she/he is having affairs with.

The witnesses and proof of problems before the affair is good for the person defending the lawsuit. Best of luck and let us know if we can help.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
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.


#6

Sorry for the continuing questions, but situations continue to change. What if after a trial seperation the couple gets back together and tries to make it work. Can the person still file an alienation of affection lawsuit if it still does not work out after 3-6 months of attempting to make the marriage work… Is there a statute of limitations on alienation of affection lawsuits.

Just to clarify, what I meant by suing another spouse. Say two people have an affair, both are married. One of the spouses who was not having an affair decides to sue the person who supposedly broke up the marriage. Can the other spouse of the 2nd party having the affair bring a lawsuit against the other offending spouse. Sorry if not being clear.

Also does it matter if one couple is trying to work out the difficulties and the other is getting divorced?


#7

Dear Devil1:

Greetings. What a mess, no? Yes, even after a trial separation and reconciliation, the spouse who has not cheated can bring an alienation of affections lawsuit. How good they will fair is up to the judge. The statute of limitations is three (3) years. Here is some more information on the claim at the following link:

rosen.com/alien.asp?ID=37

So, back to your questions. Let’s say that John and Jane Smith are married. Lance and Lois Jones are married. John and Lois have an affair. Jane may be able to sue Lois for alienation of affections and Lance may be able to sue John. I hope that answers your question. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
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.


#8

Last question. After the trial sep and possible reconciliation what is the likelihood that a judge would even hear this argument and due to verbal abuse, going out and having affairs of their own, etc, etc.


#9

Dear Devil1:

Greetings. The judge listens to whatever arguments you make before them. The bottom line is that the judge will listen to evidence about the state of the marriage. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
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.


#10

Hi on the topic of Alientation of Affection, i have prove of the affair ie,pics texts and emails is that enough proof?The pics i have are very grapic and disturbing.My husband and girfriend live together and have over the months.Will it be a problem that i now have a live in boyfriend also? He has only lives here in Nc since the 1st of january 06?
Thanks for any input


#11

If one spouse decides to file an alienation of affection lawsuit against one of the parties involved in an affair, cant the other spouse just file a countersuit and it is a break even. One attorney told a spouse that if the other couple has remained together and are acting like they are reconciling that that spouse cannot in turn file a counter suit for alienation of affection on the other offending spouse.

What does the spouse who files the alienation have to prove. Can phone records prove alienation alone.

Would the person need recorded messages or recorded phone calls.

What would enable that person to win and alienation of affection lawsuit?


#12

I’m wondering if there was basically no sex between the couple (hubby/wife) over a long term marriage (20 years - 20 times total), and they both admit that they are basically good friends and no more, and there is evidence (emails, ims, etc from both sides to each other that were sent to me by one of them) that both view the marriage as friendship and practially no sex, if alientation of affection is a possiblity?


#13

Affection is different from sex. All that needs to be established is that there was a reasonably harmonious, loving relationship between the married couple and that the paramour’s actions were a significant factor in the dissolution of the marriage. So, if there are letters/emails/cards between the husband & wife that talk about love or mutual affection, it can be said that a loving relationship existed, whether or not they had sex often.


#14

Sexual relations are not necessarily necessary in a marriage for the affection to be destroyed. If their was a loving happy relationship that a third party destroyed, it would be possible to pursue a claim against that person.