Legal Question in Family Law in North Carolina
alienation of affection from a spouse
what is the law for someone to sue another party for alienation of affection? This person was not seeing the other person before their seperation but is now dationg that person. can he be sued just for talking to the spouse in public places.
2 Answers from Attorneys
Re: alienation of affection from a spouse
You must show that you are married-that you both were/are in love-a 3rd party intervened-and the marriage was destroyed by this 3rd party. Since you were separated and apparently you only know about them speaking together in public, there is not much here for a lawsuit.
Re: alienation of affection from a spouse
In North Carolina, the elements of alienation of affection are that (1.) The spouses were happily married and a genuine love and affection existed between them, (2.) the existing love and affection was alienated and destroyed, and (3.) the wrongful and malicious conduct of 3rd party was a cause of the loss and alienation of such love and affection.
So, the answer to you question would depend on how much contact the 3rd party had with the spouse prior to the separation, whether there was love and affection during the marriage, and whether the 3rd party spent time and effort trying to destroy the marriage or bring on the alienation of affection.
Without a sexual relationship prior to the separation, it may be harder to prove malicious or wrongful acts.
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