Dear Bystander:
Greetings. Yes, an alienation of affections and criminal conversation action may be brought against someone that does not reside in a state that has these claims, if they have minimal contacts with North Carolina that bring them under our jurisdiction. No, there is no criminal conversation case if there is no actual sex. No, there is not an alienation of affection case if there was no affection at the time of the alienation (other relationship). It is a very expensive matter to litigate and the difficulty depends on the facts of the case. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
I know that you answered this question some time ago, but what would constitute minimum contacts? Say the person can only be placed in NC a couple times over the course of a year, does that constitute jurisdication?
I greatly appreciate your assistance, this website has been invaluable to me and a couple close friends, even when we aren’t the ones asking the questions.
Dear Bystander:
Greetings. For alienation of affection, involving oneself in a relationship with the married person in North Carolina (which may be meeting for a date, sending letters to North Carolina, etc.) constitutes minimum contacts. Best of luck…and thanks for the comments on the forum!
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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 but a full discussion with an attorney should be undertaken before taking any action.
Can an A of A and CC be brought against someone that does not reside in a state that perscribes to those laws?
Would there still be a case if there was no actual sex (no “CNN-type” evidence that I can come up with) and it can be proven that the marriage had been over for years, with the party that left having talked to several people for most of the marriage about how to get out and that there had been no love for a long time, just obligation? How hard and expensive would it be to prosecute and defend? I read what you had on your site, but it doesn’t really give me enough information to answer my questions.
I appreciate your time, and can you tell me what areas you are able to work in.