I am a 43 year old mother of 2 living in Delaware with my husband. We are planning to move to NC this summer. We have been married for 14 years.
I had initially planned to file for divorce in Delaware but our moving schedule accelerated so I felt it best to wait until we were settled in NC. Over the past two years I have become involved in an emotional affair in Delaware and plan to pursue it further once we are separated. I have a few questions regarding current NC law and how it would affect my divorce:
1 - Assuming i break off all contact with the other party while in NC can phone/text records from our time in Delaware be used against us in regards to the AoA statute?
2 - Once separated in NC can the AoA/CC statutes be applied moving forward?
3 - Once separated in NC how does the statute of limitations affect us? Is it a non-issue from the date of separation?
Thank you for your help and thank you so much for this resource.
No, no, no…you do NOT want to move to NC right before divorcing. NC is completely outdated and behind the times with regards to the law…Forcing people to stay married for a full year of separation…making it “illegal” and criminal to have sex with someone else during this time…ugh…Do not come to NC and start divorce here…best to do that where you are before any move. I didn’t get married in this redneck state, yet I was held to their stupid marriage laws when it came to divorce.
Also, if you move to NC you will be stuck here and might not be able to return to Delaware with your kids, if that was in the plans…
In order for NC courts to have jurisdiction over a party for an alienation of affection or criminal converstaion claim, the acts must have occurred in NC or be aimed at a person in NC. A recent case stated that when someone outside of the state corresponds and talks with someone in NC, that is sufficient for NC to have jurisdiction in an alienation of affection claim.
Post-separation support may be used to corroborate pre-separation behavior. Your husband may try to use this coupled with evidence of behavior in Delaware to prove activity in NC. Not saying that this is possible, but just wanted to state it so you are aware that this could cause potential issues. If no acts ever occur in NC prior to divorce, the third party should not be subject to jurisdiction. Otherwise, the statute of limitations for alienation of affection claims begins to run at the date of separation.