Did the NC Bill 1110 go into affect today? Can you provide a link to the final language?
thanks…
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-400
HOUSE BILL 1110
H1110-v-7
AN ACT TO CLARIFY PROCEDURES IN CIVIL ACTIONS FOR ALIENATION OF
AFFECTION AND CRIMINAL CONVERSATION.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 52 of the General Statutes is amended by adding the
following new section to read:
Ҥ 52-13. Procedures in causes of action for alienation of affection and criminal
conversation.
(a) No act of the defendant shall give rise to a cause of action for alienation of affection
or criminal conversation that occurs after the plaintiff and the plaintiff’s spouse physically
separate with the intent of either the plaintiff or plaintiff’s spouse that the physical separation
remain permanent.
(b) An action for alienation of affection or criminal conversation shall not be
commenced more than three years from the last act of the defendant giving rise to the cause of
action.
(c) A person may commence a cause of action for alienation of affection or criminal
conversation against a natural person only.”
SECTION 2. This act becomes effective October 1, 2009, and applies to actions
arising from acts occurring on or after that date.
I have been married for just over one year. My husband was married before and was separated 12/06 and divorced 4/08 . His wife is now threatening an Alienation of Affection case against me after an uncontested divorce over two years ago. I want to know if she can even still bring this suite against me. And I know that a new law past today and I want to know what part of that new law applies to me.
The law is not retroactive in nature and therefore will not apply to the behavior that occurred prior to October 1, 2009.
So, is there any real effect on AoA cases in NC? It doesn’t look like this contravenes any existing statute or case law. Does it?
It is more of a clarification of the law on what behavior is actionable (ie only pre DOS behavior) and corporations can no longer be joined to the actions.