Greetings. Yes, you can still maintain a suit for alienation of affection if the party remains in the home. Also, the same goes for the other situation you mentioned. It does not matter if they want to stay in after they cheated, I sure would not want to stay in that marriage. And why would I not want to stay in that marriage, because this third party came along and had sex with my spouse, alienating his affection. Bottom line is you can still have a claim for alienation of affection in either instance. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.