Criminal Conversation - out of state/country

Dear November:

Greetings. Well, it sounds like you have an interesting situation, to say the least. First, alienation of affection is proved by showing that a third party continuously contacting your spouse and broke up your marriage through their actions. You would need telephone records, e-mails, letters, witnesses to prove the contact continued.

Second, before you can initiate litigation against the third party in North Carolina who does not live here, you must prove that North Carolina has jurisdiction over that person. We look to see if the person has “minimum contacts” with North Carolina to see if we can initiate the litigation against them. My advice is to speak with an attorney about the jurisdictional issues and to assist you with the litigation. Best of luck and let us know here how it turns out!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

If a person is being brought to suit over criminal conversation or otherwise alienation of affection, how is this proven first of all? Second of all, if the alleged in being named in such law suit, does it have to happen in North Carolina. What if the sexual misconduct which one is being accused of occured out of the state or for that matter out of the country.