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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
Optional Information: State/Country relating to Question: Connecticut Already Tried: no action has been taken
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.
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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?
Note that adulterous behavior also took place in Connecticut.
Thanks.
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.
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.
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.
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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.
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.
Would the adultery (fault of the dissolution of the marriage) affect the courts thinking on her claims on assets such as retirement funds?
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.