Types of Alienation of Affection

Are there variations of Alienation of Affection? I know of the common one which is adultery. Eventhough, he has a history of extramarital affairs, I know there’s a time frame it can be used.

But can this be used when a spouse leaves home from days to weeks? Before my husband left, he would leave for a couple of days or weeks.

He spends hours on the phone with others. One in particular, whom I believe he’s now lives with in another state. What other situations would classify as Alienation of Affection?

Alienation of affection occurs when (1) you and your spouse are happily married with genuine love and affection, (2) the love and affection was alienated and destroyed, and (3) the wrongful and malicious acts of a third party produced the alienation of affection/destroyed the love and affection.

Other types of marital misconduct that might apply in your situation are abandonment, malicious turning out of doors, or illicit sexual behavior.

For more information on alienation of affection and criminal conversation, check out our detailed article Infidelity and Alienation of Affection.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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