I was caught via phone records on Dec 10th, 2008 for having an on-going affair for the past 5 years. I assured him it was over (it really wasn’t), and he wrote me a letter that he forgave me, knew his abuse was the reason I stepped out of the marriage, etc. I agreed to go to counseling. In January 2009 I told him it was over and he moved out in March 2009. Prior to moving out, and after moving out, he tried a few times to initiate marital relations which I declined. We divorced in August 2010.
If my ex wanted to sue the paramour for AOA or file CC charges, what is the statute of limitations? I realize it is 3 years, but from which date? Do either the letter and/or the attempt at intimacy negate that the affection on his part had been alienated?
The SOL is 3 years from the date of the last act that caused the alienation. If he tried to initiate marital relations toward the end of the marriage, and during separation, and you declined those attempts, that would actually just strengthen his claim that your affection had been alienated, which he would blame on the other man.
In this situation, how is the ‘date of the last act that caused the alienation’ determined? (In reality, my ex caused his own alienation through his abusive behaviors).
This is determined by whatever the last act was between your spouse and the paramour while you were still married. If it was a sexual act or phone calls, emails, a love letter, etc., those would all apply.
Would this include contact between the spouse and paramour after separation and living apart?
How about after separation of 1 year and 1 day.
It is determined from the time of the last act which alienated the affection. You should seek counsel on such fact-specific matters. AOA claims are very tricky and need to be directed by an attorney.