State- alienation of affection


#1

Can there be a case of alienation of affection if the married couple live in NC, but affection was disrupted by someone out of state? Does marriage therapy undermine chances of winning a case? Does this alienation affect divorce settlement?


#2

I am not sure, but I am in the same situation and would also like an answer. My husband went out of state for a weekend, to Virginia, and cheated on me with an old friend while he was there. he has admitted it, i talked to her, she has admitted it. We have been going to marriage counseling, but it is not working. I am thinking about separating and starting the divorce process. can I sue her for Alienation of Affection, or Criminal Conversation because she lives in VA, and the affair happened in VA?


#3

In order for NC to have jurisdiction over a claim for alienation of affection, the third party paramour must have had some contact with the state which relates to the relationship. Either visiting the spouse in NC or even making phone calls to the spouse while he/she was in NC would be sufficient.

Marriage counselling would not damage a claim for alienation of affection, nor does the claim itself affect the divorce proceedings directly, though it may be used as leverage in negotiating a settlement.


#4

I know that she did not come down here, but I do know that on the weekend that he was going up there, they were texting over the phone while he was at work( here in NC) , while he was packing to go, and on his car ride up there. I do not know if any actual phone call was made, but I could check the phone records. They were also texting after he got back, before I found out about the affair.


#5

[quote=“Erin Clarey”]In order for NC to have jurisdiction over a claim for alienation of affection, the third party paramour must have had some contact with the state which relates to the relationship. Either visiting the spouse in NC or even making phone calls to the spouse while he/she was in NC would be sufficient.

Marriage counselling would not damage a claim for alienation of affection, nor does the claim itself affect the divorce proceedings directly, though it may be used as leverage in negotiating a settlement.[/quote]

Does this mean that a wife living in NC can not sue someone for Alienation of Affection or Criminal Conversation who has never been to NC for having a relationship with her husband who has always lived out of NC as well? Also, what if sexual intercourse never took place? Thanks.


#6

The paramour must have had contact with the state in some way. Proof of sexual intercourse is necessary for a criminal conversation action, but not for an alienation of affection claim.