Wrong is wrong and I feel for you been there done that. Why the expense its called money and we all want it. You may hae a case but are you ready for all that was in the past?
I let mine go I got what I wanted from the ex I hope you will too and I hope you can take her to the cleaners.
If you do not go with this please let it go it took me a long time to do this the hurt the pain and more
I hope the best for you and good luck
Kate,
My case is even a little bit easier to prove than yours. I have a DNA test confirming that one of my children (born a year and a half before my divorce) is the biological daughter of the man my wife had an affair with. Yet, as open-and-shut as this case ought to be, I, too, have been advised that a criminal conversation or alienation of affection lawsuit will cost me well over $10,000 (some estimates up to $30K) and about a year of my life in and out of court.
I don’t understand why.
I look forward to reading the attorney’s response to your question.
in our case, the other party that my husband was suing in the A of A, quickly realized the wisdom of settling out of court for a sum of money and then he quickly disappeared from the picture.
Mal,
This may be too personal for this forum, but since I’m very interested in this subject any info I can gather is helpful… My question is, since the person your husband sued for AofA settled out of court, the amount he was suing for must have been less than $10k (I’m totally guessing). Is that right?
The reason I ask is that as I contemplate suing the man who helped to break up my family (so I can recoup some of the thousands of dollars I’ve had to spend on attorneys, therapy, etc) I am wondering how best to do it. I don’t even know how much I’m supposed to reasonably ask for. Do I just pick a random figure? Or is it based on his assets? Or is it based on what he would likely settle for to prevent a long, expensive lawsuit?
How did your husband arrive at the figure he did?
Thanks.
I really don’t know many of the details. One of the stipulations of the settlement is my husband is not allowed to talk about it. Since the other party has $$ and a spouse he was motivated to settle rather than going to court. I know lawyers were involved in this.
OK…this is what I was told by my attorney:
When I was sued for CC and AofA, I was sued on 2 counts each. The max of the suit per charge is 10K if you want it dealt with in the regular courts (not “supreme court”). On the CC, it was a “compensatory” charge and a “punitive” charge. Same with AofA. The punitive charges are easy to prove-if you did commit the act, then punitive damage can be charged up to 10K. Now whether 10K would be awarded once it went to court is another story. My lawyer said he’d heard of $1.00 or $100.00 awards in the past. The “compensatory” damage award is harder to prove because you have to prove you lost money due to the offense. Like if you got hit by a car and broke your leg and was out of work for 4 weeks and lost 4 weeks pay because of the accident, then a claim for compensatory damages can be seen. With emotional issues, it’s harder to prove, but I guess it can be done.
So the money issue comes from time taken to gather evidence, proof and testimony from the lawyer. This is a jury trial if it goes to court. Remember the time taken to wait for selection when YOU had to serve jury duty. Then selection process, questioning of potential jurors…all that is time billed to you as the plaintiff. Remember also that the courts do not like to see this type of case in the courts, and they would HIGHLY suggest it be settled or dropped. The ones you hear about are the big-top money ones from the rich and famous.
Sometime folks pay a settlement to avoid all this drama of court and all-to make it ‘go away’. If you’re thinking of recouping money, be prepared for a lot of back and forth negotiating between lawyers on an amount (which costs money) and it very well may NOT end up being worth it emotionally or financially.
Trials require work and preparation, that does not change regardless of the facts. While a case where your spouse has admitted adultery may take less time, because there is less investigation, it does not mean that it is simple to prepare for or that it takes no time.
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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
stolenspouse.com/
I would highly recomend you take a moment look over this website they are very good and understanding on these matters, and very good from my experince which from my experience was comparable to the divorce. Keep in mind It does takes a long time due to the consent lies and deciet that is drived directly from the affair that will likely continues in the legal matters, being some people feel they are justified in thier actions and refuse to assume any responsibility for thier actions which are so harmful to others.
The other issue, many lawyers feel this law should not be on the books which is why it is difficult to find a reasonable fee with these cases … GOOD LUCK
What would make suing for criminal conversation so expensive, if it is obvious that 2 people (my husband and his mistress) are living together, and have been since a week after separation. He admitted it in the PSS hearing. I think it would be a clear cut case.