How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88627
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My wife has had an adulterous affair with another man. Although

Customer Question

My wife has had an adulterous affair with another man. Although residing in Connecticut where much of the intimate activity took place, the adultery also took place in North Carolina, a state that enforces an "alienation of affection" law. Can I sue the "other man" for tortuous interference of the marriage contract in a civil action?

Please advise
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
If the action took place in NC, then YES you can file suit in NC for alienation of affection against him. You could not sue him in CT for this, since the CT court would not have personal jurisdiction over him. You would need an attorney in NC to file the suit.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 2 years ago.
Thank you for your reply. I want to clarify the inquiry. Both my wife and the other man reside in connecticut. They took a trip to North Carolina together where they remained a week and had intimate relations while visiting with his family. This was not known to me at the time. You have indicated that North Carolina has jurisdiction over him as the act took place in NC so I can sue him for in NC for Alienation of Affection. However you say Connecticut does not have personal jurisdiction over him thus a civil suit cannot be brought against him in CT. Is that true? Thus my only recourse is in NC. Correct?
Customer: replied 2 years ago.

Note that adulterous behavior also took place in Connecticut.

 

Thanks.

Expert:  Law Educator, Esq. replied 2 years ago.
No, perhaps it was my misinterpretation of you saying "the adultery took place in NC," but someone taking a trip to NC and committing adultery does not give the courts jurisdiction in NC and does not mean you could sue him in NC for alienation of affection because the NC court has no jurisdiction over him if he lives in CT (if he lived in NC then you could file suit). As he lives in CT and this was only a short trip to NC, no case can be made.
Customer: replied 2 years ago.

Thanks for the reply.

 

Can I bring a civil suit against him in Connecticut? Even though CT does not recognize Alienation of Affection can I bring a Torturous Interference suit forward in a CT civil court. I am under the impression you can sue anyone for anything in a civil court setting (example OJ Simpson). Thanks.

Expert:  Law Educator, Esq. replied 2 years ago.
No, you cannot sue in CT for this. Sure you can sue for anything and if you sue for something that has been barred by law in CT which is a "heart balm" tort which is what this is then it will be dismissed and the court can award the other party attorney's fees for you filing a frivolous action. Sorry but you cannot sue for any sort of heart balm action in CT.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88627
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Connecticut is both a No Fault and a At Fault state, thus I could go the At Fault route and sue her for a divorce based on Adultery. I am told if I do so there is an 18 month waiting period. Is this true? Also do my chances increase if I go this route in terms of lesser alimony - spousal support and her share of my assets/retirement? Note I am 60 and she is 52 (not working on unemployment) and we were married for 25 years.

 

Thanks.

Expert:  Law Educator, Esq. replied 2 years ago.
For a no fault divorce under CT law you have to prove you have lived continuously separate and apart for 18 months, but for a fault divorce of adultery you could get granted an immediate divorce. If you prove adultery it would lessen the chances that the court would award alimony because she was the fault of the dissolution of the marriage.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 2 years ago.

Would the adultery (fault of the dissolution of the marriage) affect the courts thinking on her claims on assets such as retirement funds?

Expert:  Law Educator, Esq. replied 2 years ago.
It could have some impact, since CT is an equitable distribution state and the court will divide the estate based on what they find is fair and just and her being unfaithful to you while you were out earning money to support her and your child would likely be grounds to cause her to get a little less than they normal 50% share, but how much less, that depends on the judge you get.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney