Can I file Alienation of Affection Suit (Now living in Fl)

North Carolina Divorce Law Divorce and Separation Answers
1

My wife and I moved to Waxhaw last April (2010) and moved back to Florida in January, 2011. We lived in Florida all our lives before last April. Beginning in August of 2010, my wife began an “emotional” affair with a co-worker. My wife is a physcian and he is a mental health counselor. He was living in Fort Mill at the time, but most of their “meetings” took place in North Carolina, plus thier thousands of minutes of conversations were both at his work number and his 704 cell number. The office is located in Charlotte. We moved back to Florida at my insistence because all of our family is here and we a 2 1/2 year old little girl that I felt needed to be around her family. The divorce has not begun yet, but will be filed here in Florida. We never change our drivers license, license plates, or voter registration to North Carolina, but we did both pay taxes there for those 8 months and we had a signed lease proving we were living there.

My question is, can I sue for alienation of affection based on the residency situation I just described? Thank you.

2

Yes you can. North Carolina has jurisdiction as some of the alienating acts occurred here.

3

Thank you so much. I tried calling various law firms and no one would talk to me without charging me a consultation fee. I remembered your firm from a series of emails my sister had sent me about the divorce process. You guys are great. I will definetely be hiring you to handle the lawsuit when I am ready to bring it.

Do I have to be through the divorce process, or just filed down here in order to bring the suit?

4

You can divorce at home, and later file suit here.