Unfortunately, yes, if she can show the affair took place while they were still married and still living in the same house, she can sue for Alienation of Affection in NC (since they are one of the few states that still allows such suits). Even if it was a one night stand, I am afraid the text messages can be sufficient evidence.

Under NC law, a claim for alienation of affection requires that plaintiff present evidence:

"(1) there was a marriage with love and affection existing between the husband and wife; (2) that love and affection was alienated; and (3) the malicious acts of the defendant produced the loss of that love and affection."

Pharr v. Beck, 147 N.C.App. 268, 271, 554 S.E.2d 851, 854 (2001). To prove the first element, she need not prove that he and his spouse had a marriage free from discord, only that some affection existed between them. Brown v. Hurley, 124 N.C.App. 377, 477 S.E.2d 234 (1996). To prove that alienation of affection occurred, she only needs to show that his affection for her was "diminished or destroyed." Pharr, 147 N.C.App. at 271 n. 1, 554 S.E.2d at 854 n. 1. The final element requires her to show both "malice and proximate cause." Id. at 271, 554 S.E.2d at 854. Malice is shown by evidence that defendant knew of the marriage and acted intentionally in a way likely to affect the marriage. Id. at 272, 554 S.E.2d at 854. Proximate cause does not require that defendant's acts be the sole cause of the alienation, as long as they were the "controlling or effective cause." Heist v. Heist, 46 N.C.App. 521, 523, 265 S.E.2d 434, 436 (1980).

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