Is NC the right jurisdiction?


#1

A few years ago we moved to NC. After a long period of unemployment, I took a job in another state a few months ago. Should I file in NC or in my new state?


#2

What are you filing?


#3

I’m sorry. I wasn’t clear. I want to initiate a divorce.


#4

Hmm. Interesting. I’m on the flip side of that equation.

We live in NC, but husband moved to GA almost a year ago to start work at a job just across the state line, in SC, because there was no work for him here in NC. He is living in a friend’s apartment and has no mailing address of his own there, other than his office address. He comes home most weekends.

He has had (is still having) an affair with a woman in GA.

So two questions:
(1) Am I correct in assuming that I would file for a divorce in NC, since his permanent and mailing addresses are still here at our NC home?
(2) Since she has had contact with him while he was here in NC (via text/phone), can I sue her for alienation of affection?


#5

If your spouse still lives in NC you may file the action for divorce in this state. If not, you must file in your current state of residence.

You may sue for alienation of affection based on her contact with this state.


#6

Thank you.

One more question: Can an attorney send a “cease and desist” letter to the other woman, threatening her with an alienation of affection lawsuit if she doesn’t cut off contact with the spouse?

I am not sure I want to sue, because (I’m told) she has no money, and (I know) I have no money, and I don’t really want that drama for myself and the kids. But I do want to give her a good scare, to let her to know that it’s a possibility if the two of them don’t cut off contact, even if I don’t end up following through with it.


#7

Yes, an attorney can send such a letter.