Protecting myself against AOA


#1

There are emails on her part admitting her fault in the divorce – will this be a help to me?


#2

I’m so surprised that no one has responded to this – are attorneys only interested in the plaintiff’s case? Surely someone has been on the other end of this ridiculous lawsuit.


#3

I don’t know whether you’ve given enough information to determine things one way or the other. (I’m not an attorney, btw.)

The biggest questions I’m thinking of right now:

  1. Does NC have personal jurisdiction over you? This would depend significantly on what your contacts are w/ NC. If NC lacks jurisdiction over you, then you may be able to get an AOA suit dismissed because the NC court lacks personal jurisdiction over you.

If you were sued for AOA, and you wished to raise this defense, it would be best to talk w/ an NC attorney regarding this, since if you’re not careful, you can inadvertantly waive the defense.

  1. Does your state recognize alienation of affection? Most don’t, but if you’re in one of those that do, you may still be vulnerable to the suit in your home state.

  2. When were the emails/phone calls/etc. sent, and where were you located at that time? (This gets tied in with the personal jurisdiction question, too.)


#4

Along with the questions that Golfball posted, I would also remind you that AofA suits do not necessarily have to be brought against a romantic interest. It can be any person that the spouse sees has alienated the affection of the other spouse prior to separation and the separation must be permanent for a suit to be filed.
If his wife has copies of e-mails or texts where you have repeatedly suggested that he leave her, then I would say that she has a case.
From what I have read on this site and others, the majority of the time, prior to a suit being filed, the plaintiff requests monitary settlement to prevent it being brought to court. If you get served, you would then have to decide if it would be “cheaper” to settle or hire an attorney.
I don’t think that the letter your friend has would be much help since alienation of affection can be brought against anyone. To me that letter enforces that she knew of the friendship with you and that means that you could have had an influence on her husband.


#5

Well from what i understand as long as emails or phone calls have been going into NC from me then NC has jurisdiction over me.
She is actually trying to bring this suit against several people that he is friends with. I have never said " You need to divorce her" and certainly nothing of the kind in an email. I have just tried to be supportive, divorce is a very difficult thing to go through and people need their friends.
She has no case against me or anyone else for that matter. But she could make my life miserable and spend a lot of my limited money in the process. This is just a case of not accepting responsibility for the demise of her own marriage – it is the fault of the two of them and no one else.

My original question is if there is a way to protect m assets in a case like this?
Thank you.


#6
quote:
[i]Originally posted by stepmother[/i] [br]Along with the questions that Golfball posted, I would also remind you that AofA suits do not necessarily have to be brought against a romantic interest. It can be any person that the spouse sees has alienated the affection of the other spouse prior to separation and the separation must be permanent for a suit to be filed.

This is what scares me.

I also dont understand why people are so determined to blame their divorce on a third party. Do people not have free will? It is such a victim mentality to do this on her part – I hope she decides to just get on with her life.


#7

I agree with that. I think that sometimes it’s easier to blame the 3rd party than your spouse because if you have to blame your spouse then that makes you feel foolish. I did not blame anyone else when my ex left me. In fact, knowing what I know now, the other woman actually did me a favor. I believe that it’s in the works to get this kind of thing from being acknowledged.

My suggestion is to wait and see if something happens. Her attorney may bring up the fact that these are time consuming and difficult to prove and she may be just blowing smoke to spook him into signing agreements…


#8

Thank you for your help!


#9

Alienation of Affection can occur even if you simply have a friendship with a third party, it does not need to be romantic in nature. In order to advise you as to your exposure on this issue, I would need to review the exact content of the communications that the two of you had.

I would not advise you to begin disposing of assets at this time and the laws of your state may vary regarding assets. There are some assets that cannot be taken as a result of litigation. In North Carolina that includes a house you own jointly with your spouse and retirement accounts.

The evidence you have may be enough to prove they did not have a happy marriage, but I cannot say without reviewing it.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#10

Thank you very much for your response!

So you are saying retirement accounts in my name cannot be touched, but the house in my name could be since I am not married?

What evidence would be needed to prove they did not have a happy marriage?


#11

If you lived in North Carolina your retirement account would be protected, if your state does not offer the same protection, your retirement account may be in danger.

Evidence of a unhappy marriage can include anectdotal evidence from friends and family members, evidence of previous separations, etc.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#12

I am a friend of someone in NC who has tried to be supportive of his upcoming divorce. I live in another state. Unfortunately I am a woman and his wife is determined to sue me for AOA. There are phone calls, texts and emails etc between the two of us. We have seen each other socially and are just friends.

What can I do to protect myself if she sues me for AOA?
For example, is there a way to protect my assets from the lawsuit before I am served?
If he has a written statement of acceptance from her regarding our friendship, is that enough to prove in court that I am not to blame for their bad marriage?

Innocent