Is there a statute of limitations to start an alienation of affection case?
Also is there such a thing as alienation of affection of a parent to the kids because the person they cheated with drove that parent away from the kids? And they no longer have a relationship because of that person ?
The statute of limitations for alienation of affection is 3 years from the last act that alienated the love and affection in the marriage.
Alienation of affection does not apply to parents and children - it is only as it relates to a marriage. However, while it is most common that the third party in an alienation of affection matter is a lover/paramour, the third party can be a child, a mother/father in-law, etc. that alienated the genuine love and affection between Husband and Wife.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Ok does “the last act “ mean what ever was done within 3 years from the date of separation or can it be 3 years from the actual divorce decree was signed ? She’s been dividing / harassing / manipulating our family ever since they got together before our date of separation.
It would have to be the last act prior to the date of separation as an element you must prove for alienation of affection is that you had genuine love and affection in the marriage and then the third party destroyed that genuine love and affection.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.