CC/AOA and reconciliation


#1

Dear nobodybabys1996:

Greetings. Wow - this is honestly one I have never heard before with motorcycles being smashed! Okay, to the questions:

  1. Yes, you can file a criminal conversation claim against his ex lover, but I would remind you that her spouse has the same claim against your husband. No, you cannot file an AOA claim against her husband - as he did not alienate the love and affection in your marriage - the female did.

  2. Yes, you can sue them under civil law for recovery of property damage.

Good luck.

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

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

The reason I was asking about filing AOA against the husband was because he encouraged the affair. He decided that my husband would be a good replacement for himself since his illness would eventually completely disable him. So he helped them deceive me. Let’s just say the only thing he did not do was watch the actual sexual acts.

Thanks again

quote:
Originally posted by JanetFritts
Dear nobodybabys1996:

Greetings. Wow - this is honestly one I have never heard before with motorcycles being smashed! Okay, to the questions:

  1. Yes, you can file a criminal conversation claim against his ex lover, but I would remind you that her spouse has the same claim against your husband. No, you cannot file an AOA claim against her husband - as he did not alienate the love and affection in your marriage - the female did.

  2. Yes, you can sue them under civil law for recovery of property damage.

Good luck.

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

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.



#3

Dear nobodybabys1966:

Greetings. This is the first I have ever heard of anything like this! In that case, sure, it sounds like you may have a claim against him for alienation of affection. 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

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#4

My husband and I have been separated for over 6 months. I found out he was having an affair for over a year and asked to leave. During the time first three months of the seperation, he continued his affair. Due to some recent events, the affair has stopped and we are working very hard to reconcile and try to put our lives back together. The problem is his ex-lover and her husband (who is disabled) has a problem with us reconciling, so much so they have already taken their car and ran over and totaled his $22,000 motorcycle.

Since these nice people will not leave us alone, I have a few questions:

  1. Since my husband and I are trying to reconcile, can I still file a CC suit against his ex-lover and and an AOA against her husband for allowing the affair to continue?

  2. Can I also sue for the remaining balance that the insurance did not pay on the motorcycle? We are about $10,000 in the hole even after the insurance paid after the husband decided to drive over it.

Any help would be appreaciated.