Can you be divorced and still sue for Allienation of Affection? Are these cases difficult to prove? Success rates? Are these cases always settled by a jury or are they more likely settled out of court? I have cell phone records, telephone land line records, one or two people who can testify; will this be enough? If the people who can testify live out of state, do they have to appear in person? Outside of pictures, what is the most powerful evidence you can show that this occurred? How is the settlement amount derived? My wife is the one who had the affair and I am beyond stressed on what happened; very emotionally distraught at this point. Thank you for your comments.
If a third party is responsible for destroying your marriage, and the acts which destroyed that affection occurred while you were still living together (or after you separated if it was before the new law which went into effect on October 1, 2009) you may sue the third party.
I cannot predict the success of any case, however alienation suits are still pursed in NC successfully, and there have been some recent cases in which the Plaintiff prevailed.
Whether the evidence you have is enough depends on its persuasive nature. It is up to a jury to decide, after considering all the facts, if the evidence presented at trial makes it more likely than not that the third party destroyed your marriage.
Witnesses do have to appear in court to testify.
Many of these cases settle out of court, and the settlement amount depends on the assets the third party has, the strength of the evidence, and the desire of both sides to avoid court.
Mr. Clarey,
Just to be specific, this affair began on Oct 23, 2009. The 3rd party was also married. My wife and I are still married now but now considering separation and possibly divorce. If we divorce later this year, can I still pursue this case?
And again, what is the most dominant persausive evidence to support my claim in general to the jury? How long do these cases normally take to get resolved?
What is the typical cost of this type of case for me?
Thank you.
You may pursue the action after you are separated and/or divorced.
I cannot speak to what specific type of evidence will convince any one jury, though photos of the two of them together, and “love letters” are often very persuasive.
Each case is different, some cases can take over a year to get to a jury, others may settle in a few months.
These actions can be very expensive to pursue, as they are complex, however there are some lawyers who may represent you on a contingency basis, again depending on the specific facts.
Mr. Clarey,
Will a audio taped confirmation (without her knowing) on it happening be admissable in court? Will this be considered a strong piece of evidence?
What type of audio tape? Who was she talking to? How did you get it?
Mr Clarey,
I don’t have it yet. However, it would be me and her talking and I would have a recorder and I would be asking her to confirm her affair that night. Would this be OK?
Yes, and her admission would be persuasive, however it is up to the jury to determine the weight of the evidence.
Please let me know what would be the key questions to ask her when I am recording her? I don’t want to sound too interagative, but I need to know what I need to get her to say. Please let me know asap. Thank you.
An admission of her affair would be a start, however the case is not only about proving her affair, but that the third party’s actions destroyed your marriage.
The 3rd party male lives in NC, and the original sexual encounter took place in NC in late Oct 2009. Since about Dec, he filed for separation from his wife. My wife and I live in another state and we are still married; soon to be separated and divorced. I have very strong evidence (ie: videos, pictures, DNA, testimony) of a recent affair that took place here in our state. Being that this 3rd party lives in NC, but also has continued this affair in our state, can this still be considered allienation of affection given that a lot of the evidence is from this state?
Yes, but you will have to sue in NC, unless your state allows such a claim.