Seperation Agreement and AOA

North Carolina Divorce Law Divorce and Separation Answers
1

Dear yerbyray:

Greetings. 1. If the separation agreement has a third party waiver, then yes, you are out of luck on filing an alienation of affection lawsuit. 2. The separation in your description was valid on the last day that you both signed it (Nov. 11), but the date of separation was October 11. 3. What you collect from an alienation of affection claim depends on each individual case. No, most people do not sue for a set amount, but an amount in excess of $10,000. No, I doubt that his wages will be garnished if you win. The alimony and child support may affect how much he can pay you.

We hope to hear from you. Keep your head up!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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 but a full discussion with an attorney should be undertaken before taking any action.

2

Dear List,
My wife has left in October and I just found out today that she has been committing adultry before she left with a friend. He has left his wife and two kids because of this.
I would like to know the following:

  1. I signed a seperation agreement before I knew that there was a cause of Alienation of Affection. If the AOA has the hold harmless third party, would I be out of luck since I signed it not knowing there was a third party at the time?
  2. When does an Seperation agreement go into effect? She signed it on Oct 20 and I signed it on Nov 11; but she officially moved out on October 11. She told me that it was in effect on Oct 11 but I do not see how that can be since I signed and was notorized on Nov 11.
  3. If I pay the retainer fee and have good grounds for an AOA, and We win, what do you collect? Do you sue for a set amount? If he has no savings; do they garnish his wages? If he is being divorced from his wife and has to pay alimony and child support, how does that effect the AOA case?
    I will be contact your office this week abouot retaining counsel. My lawyer here is a close friend and will not assist me on the AOA. I am heartbroken, I am the shell of the man I use to be. I dont think I cant trust anyone anytime soon. Thank you for you assistance.