My wife told me she had a non-romantic online relationship with another man. She slipped-up and said that he said he would marry her if her situation was different (so obviously she lied, there was some level of romance for marriage to come up). She says she stopped communicating with him, however I have phone records showing she is continuously spending time with someone else (I don’t know who) instead of me (during the day and especially at night when I’m in the bed sleep). She says it’s one of her girlfriends. I don’t care if it is or not. She has lied about falling asleep on the couch late at night because I have her phone records showing calls and text messages during those hours. I want a divorce. I would like to file for alienation of affection. I would like for her to leave. Do I have a case? What can I do?
thank you very much for your help
If you can prove she committed adultery you may seek a divorce from bed an board to have her removed from the home.
To prove adultery you have to prove she had the inclination to engage in sexual acts with a third person, and the opportunity to do so (spending the night out or spending time in a hotel with someone).
As for a claim against the third party:
There are actually two claims of action which can be filed against a paramour, the first being criminal conversation. North Carolina will have jurisdiction over the claim if the illicit sexual behavior took place within this state. To have a chance at successfully pursuing this action the aggrieved spouse will need to prove:
The paramour and the offending spouse engaged in an adulterous relationship during the marriage;
To be awarded compensatory damages: the aggrieved spouse will need to prove the paramour’s wrongful and malicious conduct was the proximate cause of harm in that the paramour has cast dishonor on the marriage bed, alienating the affections of the offending spouse and that paramour destroyed the domestic comfort, causing loss of consortium (sexual relations), loss of support, including present and future earnings of the other spouse, emotional distress. The costs of litigation can also be included, including attorney’s fees.
To be awarded punitive damages it must be proven that the paramour’s conduct was willful, malicious, wanton, and oppressive.
The second cause of action is alienation of affection. To successfully pursue this action the aggrieved spouse will need to prove:
The spouses were happily married and a genuine love and affection existed between them;
The paramour’s actions were a contributing factor that caused the alienation of affections of the marriage;
The paramour was aware that his/her actions would likely cause the other spouse to alienate his or her affections for the other spouse;
To be awarded compensatory damages it must be proven that the paramour’s conduct proximately resulted in the loss of services in the home, loss of support, including present and future earnings the offending spouse, loss of consortium (sexual relations),emotional distress and/or injury to the aggrieved spouse’s reputation. Compensatory damages may also include the costs of litigation, including attorney’s fees for both the Alienation or Criminal conversation action.
To be awarded punitive damages the requirements are the same as listed above.
Thank you again for your help.
You are welcome. I wish you the best.