Can I file AA and CC against a guy who doesn't live in NC


#1

My marriage of 15+ years was never perfect but I never had to worry about my wife being unfaithful or having an affair
[color=#FF0000]----------untill FACEBOOK!![/color]

My question is “Can I file an Alienation of Affection & Criminal Conversation lawsuit agaist a guy who lives in CO?”

He knew she was married, constantly contacted her via instant messenger, text, email, picture mail, and phone calls. I even went as far as calling him to discuss he no longer contact my wife because I was fighting to save my marriage & family (3 kids). I thought it stopped but a few months ago gathered proof it is even more involved. I tried to justify that it was only a virtual affair and not physical , but the emotional and mental connection they share is really bothering me, ultimately she has unplugged from being involved as my wife or Mother to our children. They recently consumated the affair (I hired a PI & have proof) while she and I were still living under one roof and still had a loving involved relationship. She was just lying/cheating without telling me, having her cake & boy-friend on the side.

He knew she was married, he even created email addresses for her incase she wanted to contact him or upload any pictures, I talked to him about stopping. He told me “It’s over and I have not talked to her in months, plus I’m not willing to ruin things with my wife or daughters”. That’s right, he’s married with kids. Not only did he wreck my home but ultimately will wreck his own.


#2

In order for NC to have jurisdiction over a claim for alienation of affection, the third party paramour must have had some contact with the state which relates to the relationship. Either visiting the spouse in NC or even making phone calls to the spouse while he/she was in NC would be sufficient. Therefore, North Carolina has jurisdiction as some of the alienating acts occurred here. You may sue for alienation of affection based on his contact with this state. Proof of sexual intercourse is necessary for a criminal conversation action, but not for an alienation of affection claim.