AoA before separation/too late to file?


#1

If the relationship this woman had with your Husband caused the demise of what was otherwise a happy marriage, then you may have a case for alienation of affection.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Let me throw something out. WHO defines a happy and loving marriage?
Some folks could CLAIM they had one, when in reality it wasn’t. Even folks on the outside could say “it looked happy” when in fact it was a farce. What if one person says it was unhappy (usually the one who leaves) and one says it was very happy (the one making the claim–usually). How do they determine ‘happy and loving marriage’? Many people pretend to be happy to put on the best side to the outside world…or they’re very private and feel it nobody’s business what state their marriage is in.


#3

Alienation of affection cases are decided by a jury of your peers and they are the ones who decide whether or not they believe a happy marriage existed prior to the interference of the third party.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

I have been separated for several months. For the last few years STBX had had an on again/off again inappropriate “friendship” and documented hours and hours of phone calls, etc with a neighbor. Insisted nothing was happening. We have now separated and my child tells me the neighbor took an all day road trip with STBX (and all their combines kids) and my child saw them holding hands and mentions they all spend hours together every day ( also blatantly violates our sep. agreement which states this neighbor may have only limited contact with my kids if they happen to see each other outside, cannot be at each other’s homes etc b/c this neighbor has no morals and is also MARRIED). I knew all along something was going on and am certain of it now (STBX told the kids he has a girlfriend). STBX and the neighbor use the kids as their excuse to be together since both sets of kids are friends.

Do I have a leg to stabd on for AoA?