Legal Question in Family Law in North Carolina

Alienation of Affection- Does the 3 year law begin from the time the non-guilty spouse finds evidence or from the time it happened? My ex-husband and I divorced 9 yrs ago, a year later we got back together and I found out the reason he and I did not work out what differences we were having at that time in our marriage was because a women ended up pregnant with his child. We were in love then as we are now, but for about a year 9 or so yrs ago our first marriage ended because of her. I recently found this out. My husband has tried to keep this part of his life unknown to me in fear of what may happen in our now marriage.


Asked on 6/01/10, 3:00 pm

1 Answer from Attorneys
Rachel Hunter

The three years begins to run when the cause of action accrued, i.e, from the time that you could have first sued, which is when the act occurred. This is barred by the statute if the act occurred more than 3 years ago.

My feelings are that actions for alienation of affection and criminal conversation are antiquated relics of the past and should be abolished, like they are in a majority of states. However, they are still with us. Given that, they should only be used: (1) where the person involved with your spouse has money to make a lawsuit worthwhile; or (2) as a bargaining chip in equitable distribution proceedings where parties aree divorcing.

Other than that, they do not accomplish anything. It will not bring your husband back by suing his girlfriend and making her life miserable. People are going to do what they are going to do - people divorce for many reasons and it is unfair to place the blame solely on the other person.

If you and your husband are now back together, rejoice in that fact and move forwards, not backwards.

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Answered on 6/02/10, 12:17 pm


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