Another AOA/CC question

North Carolina Divorce Law Divorce and Separation Answers
1

Dear bonnie:

Greetings. First, wait for him to leave before you continue this relationship one day longer. People that are dissatisfied will leave.

  1. She may be able to if she has minimum contacts for you with North Carolina. Sometimes people make phone calls, send letters, etc. We would have to sit down and go over the relationship in detail to make sure there were not sufficient minimum contacts with North Carolina.

  2. None. AOA/CC suits are not blackmail, but you can ask someone for money ln lieu of filing your action. This is not blackmail. Now, if I have misunderstood you, please let me know.

  3. Yes. That clause could be plead in bar to a claim for AOA/CC. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.

2

Recently I began a relationship with a married man who wants to leave his marriage (he was already dissatisfied with the marriage before we met, and his desire to leave is based on many other issues). He and his wife were married in North Carolina and maintain a residence there, but he lives most of the time in another state, where his job is.

He and I met and began our relationship in this other state; I am not and have never been a resident of North Carolina, and no objectionable behavior between the two of us ever occurred in NC.

Three questions:

  1. Could his wife bring an AOA or CC suit against me, given that I have no connection with North Carolina and no adulterous behavior occurred there?
  2. What kind of statutes or guidelines are in place to prevent AOA/CC suits from being used as blackmail material?
  3. Would a Claims Against Third Parties Waiver in a separation agreement protect me from an AOA/CC suit?

Thanks –

Bonnie