AoA & CC


#1

I think these are both against a 3rd party though the alienation of affection suit could possibly be against someone that does not have a romantic interest. In-law, friend, co-worker…
With criminal conversation you only have to show there was a valid marriage, and that the sex act occured. With alienation of affection, it would be more difficult to prove that someone else had an affect on your spouse’s decision to leave the marriage…at least in my opinion.


#2

I have a few follow up questions about AoA and CC.

  1. I understand that AoA cases can take 12 to 24 months. How long does a CC case typically take?

  2. I understand that the statute of limitations changed last year to 3 years from the time the affair is discovered. What consititutes the “discovery” of the criminal conversation - when I first had unsubstantiated suspicions or when I first obtained verifiable proof?

  3. At the time of my marriage when the affair took place my wife and I lived in the same NC county as her lover. After our divorce my former wife moved to a different NC county. I presently live out of state but will be relocating to my former wife’s county this year. In which county/jurisdiction should the AoA and CC complaint be filed?

  4. Is it possible for a layman to litigate this type of case pro se?

Thank-you.


#3

Who is sued when an alienation of affection suit is initiated? The offending party, the spouse, or both?

What about criminal conversation? Who is sued? Both the lover and the offending spouse - or just the lover?