Full question:
I was married for 10 years , and 3 children in my custody. Can i sue my wife's partners for the pain and suffering that they took me and my kids through? What is it called Alienation Of Affection?
- Category: Divorce
- Date:
- State: North Carolina
Answer:
North Carolina is one of the few states that recognizes a lawsuit for alienation of affections. There is a three (3) year statute of limitations to sue for alienation of affection, this begins running at the time of the loss of the affection.
Review of whether a nonresident is subject to personal jurisdiction in North Carolina has two steps. The court must first determine whether N.C. Gen. Stat. § 1-75.4 (the long-arm statute) authorizes the exercise of personal jurisdiction over the defendant. A determination that the long-arm statute does not authorize jurisdiction ends the inquiry. If the long-arm statute does authorize the exercise of personal jurisdiction, the court next determines whether the trial court's exercise of personal jurisdiction over the defendant complies with due process of law.
Please see:
http://ezinearticles.com/?Infidelity,-Divorce,-and-Lawsuits-Understandin
g-Alienation-of-Affections-and-Criminal-Conversation&id=100369
The following is a NC statute:
§ 52-13. Procedures in causes of action for alienation
of affection and criminal conversation.
(a) No act of the defendant shall give rise to a cause of
action for alienation of affection or criminal conversation
that occurs after the plaintiff and the plaintiff's spouse
physically separate with the intent of either the plaintiff
or plaintiff's spouse that the physical separation remain
permanent.
(b) An action for alienation of affection or criminal
conversation shall not be commenced more than three years
from the last act of the defendant giving rise to the cause
of action.
(c) A person may commence a cause of action for alienation
of affection or criminal conversation against a natural
person only.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
