I honestly don’t think you have a valid case for AofA. The statue of limitations is 3 years from the knowledge of the act. If the affair happened 7 years ago, I don’t think you’d have a case. I’m not sure about adultry (CC). Now if the affair is still going on and they’re having contact, then if you separate, there MAY be a case.
Helena would have to clarify this one.
Thanks for the reply comingclean2. I’ll consult an attorney and begin the nasty journey. If I could only erase my memory I would be fine.
Forgiveness or condonation of an affair is a bar to alienation of affection. After you learned of the affair, you “forgave her”, took her back and your marriage continued for 7 years. You cannot use that incident of adultery now.
Based on your facts it does not sounds like you have a case for alienation of affection. I think your spouse would be able to prove that you forgave her for the affair. In addition this third parties’ actions did not alienate your spouses affections from you, it sounds like you are the party who wishes to leave the marriage.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
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My wife had a sexual relationship with a man from her office from 1999-2001. I learned about the relationship in 2001 and confronted them. It stopped (as far as I know) and we have tried to patch things up over the past 7 years. We have had one child during the past 7 years. It appears I cannot move past her inappropriate relationship and am considering divorce.
My question: is there a statute of limitations involving her sexual relationship in NC? In other words, can I file for divorce in 2008 on the grounds she had an inappropriate relationship from 99-01? Does Alienation of Affection apply in this case.