Yes, you could get an NC attorney and file a AofA lawsuit against her. If she lives in NC and the affair occurred in NC then she is open to a lawsuit from you. So is your husband from her husband. I would suggest you try to contact him and pool your resources. It will be expensive.
With these things you need to ask yourself a question. Why are you doing it? If for revenge against her or your husband then it is not worth it. If the laws protect you adequately then simply get alimony, get child support get half the assets and move on. She may not know your husband is married. If that is the case, despite what has been done she didn’t set out to destroy your marriage. I just don’t believe in using the AofA in that case. Believe me I know what I am talking about.
They both know the other is married. I confronted her once on the phone and they had fun laughing about it through text and emails.
They have been seen togther several times since we spereated.
I have decided what I want to do but am checking my potions.
I am so sick hearing about so many spouses cheating on each other, and when they are caught have no accountability for what they have done.
Greetings. First, I noted that you stated “one of the women” that he cheated with. Does this mean there are others. While you may be able to sue her here in NC, please remember that one of the things you must prove is that except for the intervention of this woman that your marriage, which was loving and healthy at the time of her interactions, would have continued. You may have a hard time proving this woman was the sole cause of your marriage deteriorating in the event your husband is cheating with more than one woman.
Best of luck with the lawsuit you are seeking.
Janet L. Gemmell
Attorney with Rosen Law Firm
Attorney with Cape Fear Family Law Board Certified Family Law Specialist
Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
919.256.1531 direct
919.256.1665 fax www.rosen.com
Cape Fear Family Law
1213 Culbreth Drive
Wilmington, NC 28405
910.210.0349 office
910.210.0352 fax www.capefearfamilylaw.com
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.
I live in South Carolina and have been married for 15 years with 2 small children. I served my husband divorce papers in March citing Adultery, habitual drunkenness and verbal abuse.
one of the woman he was having an affair with has been going on for 5 years. I know this from cell phone records. She is married and lives in North Carolina. I do not know if her husband knows. Can I sue her for alienation of affection?
I was pregnant with my second child when their affair started. They have sent each other naked pictures of themselves. She sent him videos of herself masturbating. She left numerous I love you voicemails. I have text messages and emails from them making plans to meet and make love. I have video from a PI of her being alone with him in my house for over an hour one day while I was at work. I have a list of witness’s that place them out together and her visiting him at work.