Legal Question in Family Law in North Carolina

Alienation of Affection

My partner and I left our spouses for each other and established a residence together. We both had a long history of difficult and unhappy marriages and had both been open with our spouses about wanting out. In my partner's case, he had affairs that his xwife was aware of before we had a relationship. If she decides to sue me for alienation of affection, is it defendable on my part or is it a foregone conclusion that she would win given that we have been open about our relationship and immediately lived together after separation?


Asked on 3/17/01, 9:58 am

1 Answer from Attorneys
Donna Jackson Donna Jackson, Attorney at Law

Re: Alienation of Affection

Alienation of affection is a rarely used theory, especially in North Carolina. You can look up the statute on the web for the exact wording, but the basic idea is that to be successfully sued, you would have to have taken your partner out of a good, solid, loving marriage. It doesn't sound like that is the case. If his ex gets an attorney, it would be doubtful that she would be advised to sue for this.

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Answered on 5/29/01, 5:47 pm


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