I have the phone records to prove that she was talking to him prior our separation and that it is still going on and a PI report showing that they are together.
What do I have to do as far as filing a case?
You have evidence of that a relationship exists, in order to turn that into a successful alienation of affections case you will need to prove that you and your spouse were in a loving and healthy marital relationship and but for the malicious actions of a third party, your spouse and yourself would have continued in your harmonious relationship.
I just found out that my husband has been having an affair with this women since we have been together off an on even before we got married. I had a long conversation with her and we had issues with her in the past before and she denied knowning him at the time but i found out they have known one another since high school so a round the same time we meet. So I want to know is can i so for alienation of affection if we don’t get a divorce, and what are the requirements to sue her for alienation of affection?
Talk to an attorney. It may be more beneficial to go for AA and criminal conversation. Criminal conversation is much easier to prove.
Good luck.
The sue for alienation of affection you will need to prove:
Your and your husband happily married and a genuine love and affection existed between you;
The paramour’s actions were a contributing factor that caused the alienation of affections of the marriage;
The paramour was aware that her actions would likely cause the your husband’s affection for your to be alienated.
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.
These cases are complicated, and end with a jury trial. I strongly recommend you retain a lawyer if you pursue such a claim.
These cases are extremely expensive to pursue (10’s of thousands of dollars) and unless the paramour is independently wealthy it is highly unlikely you will collect enough (or anything) to cover any attorneys fee’s much less extra. Also, it can be very hard to win these cases even when you think you have clear-cut evidence.
What type of attorney do I need to contact to discuss criminal conversation with for my situation because I attemped to press charges against her about 5 years ago for making harrassing calls to my residence but like I said she denied knowing my him to the police officer so nothing was done, so there my be something on file. I live in Winston-Salem NC.
Criminal conversation is actually not a criminal charge, its a civil lawsuit. The name is certainly confusing. We do handle such claims and you may contact our client liaison to set up a consultation in Raleigh.