I am not certain that you can sue the other person if the act occured in GA. I think you would need to check the GA laws.
If the property was purchased prior to the marriage then unless it was given to the marriage it remains separate property. If you contributed to the payments or increased the value then you may have some interest in the home. If the home was purchased after the marriage then the deed should have both names on it regardless of whose name is on the mortgage.

You are entitled to 1/2 the marital assets regardless of her admittance of an affair. NC is a no fault state meaning that it does not affect anything except now she is not eligible to request alimony.


It certainly does NOT matter where the act of adultery occurred! There are no laws that state the act of adultery has to be committed in the state where you live! That is nonsense!

She is not entitled to alimony if she is the dependent spouse! Period! You are entitled to 1/2 the marital assets just as she is.

Yes, you have a case against the paramour no matter where he lives for alienation of affection or criminal conversation, but these trials are expensive and only productive if the paramour has a bunch of money! And most judges just pooh-pooh this because adultery is so commonplace. Get what you can and get out!


Actually, yes, it does matter where the act of adultery occurred.

If a violation of AA/CC laws took place in another state, NC doesn’t have jurisdiction over them and cannot prosecute. (e.g. A robbery in NY isn’t a crime that can be tried in the court system of NC. NY may issue a warrant for arrest and extradite, but NC wouldn’t have the jurisdiction to prosecute the robber.) Most states don’t have AA/CC laws anymore, many don’t have adultery laws.

Now, the one exception to this is if most of the contact to entice or set up the affair took place in NC, including in cyberspace or through telecommunications. Then, because the actual enticement took place in NC, or some part of it did in NC, you might have grounds to prosecute. This requires forethought and preplanning of the act.

But, yes, if she’s the dependent spouse, then you may use the affair to prevent her from getting alimony.


You can testify in court about what she told you regarding an affair. You should also seek any other evidence you can to back up that this affair occurred. If this relationship occurred within NC you may be able to sue the other party for alienation of affection or criminal conversation.

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 for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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my current wife admitted she had an affair last weekend in ga.
and she also stated that she wanted out. so here is my question.
Does the admition of guilt count in court and if the proporty is only in her name am i entitled to anything? also can i sue the other person who she had sex with? we both still live within the home. I’m completely lost any help will be apreciated.[B)]