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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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Was married in 2005 and had one child out of this. Was completely

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Was married in 2005 and had one child out of this. Was completely divorced in Feburary 2011. During the time of the marriage my spouse was having an extral marital affair with more than one person.
1) Tony - she made a sex tape with and left it on the kitchen counter not knowing I would find it. In this video she states that my young daughter saw her in her lingerie.
2) Adam - Found letters hidden underneathe the bed when packing up the house to move out of. He stated in these letters that he knew she was married and how they had sex in the marital bed with my young daughter in the house.
3) Kyle - She abandoned me and took my daughter during the middle of the night on Christmas eve in 2009 and left to FL to be with Kyle and his family for Christmas when they came back to NC, she ended up living with him and not telling me where my daughter was living. Had to take her to court to find out where my daughter was living. Kyle confirmed on the stand that they were in a romantic relationship.
4) Sean - There are pictures of them together and they were engaged 5 days after the final divorce. My ex made a false allegation against me saying that I molested my child, so she could move out of the state. Was court ordered that both of us seek a forensic psychologist and was found out in his report that it was a false allegation made from her and her new spouse Sean admitted to him that they were in a romantic relationship also while she was married to me. They started dating also in 2009 while her and Kyle were dating also.

I do have a lawyer now going through child custody, but was told by my lawyer that there is no point in to go forth with suing these men for alienation of affection even though I would really like to. What can I do about this?

Hello and welcome,

The facts you set forth would typically weigh on the issue of custody since it shows a disregard by your ex for the well-being and best interests of the children.

However, her promiscuity itself may not be enough to succeed on an alienation of affection claim against her lovers or ex-lovers.

The tort of alienation of affections seeks damages against a third party who "alienates" the affections of one spouse from the other spouse. The lawsuit is usually brought by the innocent spouse against the guilty spouse's lover. An alienation of affections lawsuit, however, can be brought against any third party. For example, one spouse's in-law who advised the other spouse to leave his or her marriage can find themself held liable in an alienation of affections lawsuit.

So unless her lover or lovers were actively attempting to lure her from the marriage, there may not be sufficient evidence to succeed on such a claim. A court/jury may see simply that she was promiscuous and it was her conduct,, not someone else's that led to the demise of the marriage.

Here is a link that discusses this tort claim, that is recognized under NC law:

http://www.montylaw.com/north-carolina-family-laws/alienation-of-affection.aspx

I doubt that your attorney does not wish to pursue the claims because it is more work, but that he has judged you may not succeed on the claims. It would be wise to obtain a second opinion though, based on all the facts.

The state and local bar associations can provide you with attorney referrals to consult with further.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

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Customer: replied 4 years ago.

In the letters that Adam had written to her he was stating that she should get a divorce from me and should move on with her life and how she was the love of her life. Also noting that he is in the military as well.


Would I be able to go forward based on the letters with him? theres also a post dated stamp and envelope with these letters.

Hello again,

Yes, that type of communication would typically support an alienation of affection claim against him. Keep in mind that the statute of limitations is 3 years under NC law, as set out in the link I provided above. So you would normally have that amount of time to pursue a claim from the time the communicate was made.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

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