Question:
I need advice on divorce. I believe my wife has been having an affair with her ex-boyfriend. I found their online conversations on our computer and I have seen her car outside of his house.
Based on what has happened, do I have grounds for pursuing criminal conversation/alienation of affection against this man who destroyed our marriage?
Answer:
In recent years in North Carolina (where I practice), the law changed to limit criminal conversational/alienation of affections claims.
The current statute relevant to alienation of affection and criminal conversation claims states, in pertinent part, that if the alleged act of the party was committed after the parties physically separated and the parties intend on living separate and apart, there is no cause of action.
However, if you are able to establish that your spouse voluntary engaged in sexual relations with the ex-boyfriend during the marriage, and that the ex-boyfriend “wrongfully and maliciously” destroyed a loving relationship between you and your wife, there could be a potential claim for damages against the ex-boyfriend.
You should consult with an attorney in your jurisdiction as the information I have provided is only general in nature. Cordell & Cordell represents men in divorce nationwide.
To schedule an appointment with Aisha Pridgen, an Associate Attorney in the Raleigh and Durham, North Carolina offices, please contact Cordell & Cordell.
Affair
My wife has been hanging around my daughter’s friend’s single dad since before April 2011. Every day after school she would pick up my daughter then go to his house for an hour or longer five days a week. As soon as this started or I was aware of what was happening I was crushed, I was seriously hurt. She told me on April 11 that she no longer wanted to be married. This guy is a police man. He knew she was married, I met him previous to when I noticed what was going on and even shook his hand. What can I legally do to this individual for not doing his job as a public servant and interfering with my marriage and family?
My marriage is over and who knows what would have happened if this week individual had not interfered with my marriage and family?