The “other” woman lives in another state that no longer observes the “Alienation of Affection” law. Can I still consider the “Alienation of Affection” law since I live in North Carolina and do I actually have to be going through a divorce to do so?
To prove that the alienation was effective, you really need to be going through a divorce, although you might be able to do it while separated.
The affair must have been conducted within this state, or at the very least the communication to set up the affair, otherwise the state of NC doesn’t have jurisdiction.
While you do not actually have to go through with a divorce to successfully pursue an alienation of affection claim, you would likely have to at least be separated in order to demonstrate your spouse’s affection has truly been alienated.
As for the jurisdiction issues, the affair must have some connection to North Carolina, for example, if the other woman traveled to North Carolina to be with your husband our courts would have jurisdiction over the claim.
Unfortunately the other woman does not own anything of value (other than the diamond ring he just bought for her) so if I did the alienaion of affection against her and she should marry my husband would he also be liable? What is the process of doing this?
No, the claim is solely against the paramour.
The first step in moving forward would be to meet with a lawyer in person to review the specifics of your case, evidence you have etc, before you decide whether or not to move forward.
I would actually just like to sue her for alienation of affection…just to scare her…and then have a change of heart later…can I do that? She actually has nothing worth time or money but the thought of just shaking her up a bit would be satisfying?
You may file a claim and dismiss the same later on down the road if you wish.