I would think that is possible depending on the laws of Alienation of Affection where the affair took place. In NC a spouse can sue up to 3 years after knowledge of the affair is gained.

Yes, residency of the third party is not the only way a court can get jurisdiction over someone for the purposes of an Alienation of Affection lawsuit. You would need to meet with an attorney to discuss the specific circumstances in order to determine in NC had sufficient jurisdiction over this case.

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


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.

In order for one spouse to sue another spouse’s lover, wouldn’t they have to prove that the affair was the direct result of the breakup of your marriage? What if you could prove that the marriage had been in trouble for years before the one spouse starting seeing someone else?

Wow I can not beleive this you cheat and you are trying to find out things where this world is going? Sorry for this I had this happen to me. It just doesnt hurt the spouse but it hurts the family and anyone who knows BUT who it really hurts is the one that did have an affiar its called EGO and more but the person that did this it hurts the most and will have to live this the rest of there lives.
I hope you look in a mirror and think what you/or the other knows what has happened

Dear ArthurP, to the best of my knowledge, this forum is to ask lawyers questions and to receive their response. While you say this happened to you, you do not know my situation, so I would appreciate it if you would keep your predjudice advise to yourself.

ArthurP, just so you know, this is not a real scenario of a happening situation. My other half keeps telling me that certain things could happen if I WAS having an affair, so I wanted to see if his assertions were true. I have no reason to be wary of looking in the mirror.

If your spouse finds out that you have had an affair and the person that you had the affair with lives in another state, can he still sue the person in the other state for alienation of affection?