Legal Question in Family Law in North Carolina
Adultery - is this an ''alienation of Affection case''
Husband of 18 yr marraige is
having affair for last 3 months, now I know, he continues in it and is threatening divorce since I confronted him. Can I sue other woman for alienation of
affection if he divorces me to
be with her? He travels specifically to see her and has used her vehicles for his own personal use. There are
witnesses to him being with her on many occasions.)His and
her family both.
2 Answers from Attorneys
Re: Adultery - is this an ''alienation of Affection case''
You can not effectively sue under alienation of affection under current law. The Supreme Court of the State of Washington eliminated "alienation of affection" as a cause of action in WYMAN v. WALLACE, 94 Wn.2d 99 (1980)615 P.2d 452. In theory the state Supreme Court could reinstate the cause of action, but I don't think that is probable.
Re: Adultery - is this an ''alienation of Affection case''
It is not clear if you or the other woman are in North Carolina. In North Carolina, there is a cause of action for alienation of affections, but you have to decide if it's going to be worth it (financially and emotionally) to sue the woman. If she doesn't have any or much in terms of assets, it would not be worth it. Attorneys would not do the case on a contingency fee basis.
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