Ok I along with a friend was busted by his wife finding his phone and reading texts about him and I having sex and how much we love each other... But we only had sex once. They have been having severe marital problems for about 10 years they don't even sleep in the same bed. He has also caught her on numerous accounts talking to other men. Anyways he is now kicked out by HER so he technically did not leave her for me. Can I be sued for Alien of Affection for this? It was basically a one nite stand. But we do love one another to pieces. Not sure or even really discussed a true future for us. I live in NC. The famous Alien of Affection lawsuit by Cindy Shackleford was actually one of my clients during her time of dealing with her husbands affair. Needless to say I'm very scared.
State/Country relating to question: North Carolina
Nothing just happened
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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the lawsuit I know costs a pretty penny she doesn't have a pot to pee in. So wouldn't she have to put up quite a bit of money for this? Ok just found out that she DOES NOT KNOW about the affair part!!!!!!!! Thank God! Just other texts between us! But no on the sex part! So now does that change anything?
She can file it herself if she wants and some attorneys would take this on a contingency fee basis with no money up front. If she does not know about the affair part, that weakens her case according to the elements above.
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