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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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I live in nc might be sued for aleinanation of affection but

Resolved Question:

I live in nc might be sued for aleinanation of affection but other party moving into va does nc have jurastiction after they move
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If the alleged alienation occurred in North Carolina, the courts there will have jurisdiction. That can include a variety of conduct, such as sexual contact in North Carolina, telephone calls or emails placed or received in North Carolina, meetings in North Carolina, and other behavior. Moving out of the state will not destroy the court's jurisdiction, because what is relevant is where the alleged wrongful behavior occurred, and where the effects of that behavior are felt.

Also, jurisdiction typically applies to the defendant in an action. A plaintiff who files suit in a state other than his state of residence is agreeing to submit to the court's jurisdiction and the other party cannot dispute that.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.


the affair happen in va

Expert:  Lucy, Esq. replied 1 year ago.
DId the person who might be suing live in Virginia or North Carolina at the time? What about the other party to the affair?
Customer: replied 1 year ago.


nc but not happily married and she was the agressor

Customer: replied 1 year ago.


is this law enforced if I have no money/assets or every will

Expert:  Lucy, Esq. replied 1 year ago.

Well, I'm only talking about jurisdiction at the moment. If they were living in North Carolina at the time, and you were calling, texting, emailing, using Facebook or communicating in any way in North Carolina about your relationship, or an affair, or the conversations led to those things, NC will have jurisdiction.

Now, that just means that other person can bring the suit and not have it tossed out. That doesn't mean that the person can win a case. If you have evidence that the marriage was already not a solid happy marriage, and that the spouse actively pursued you for an affair, you did not alienate affection. You may want to compile any written communications you have that show that she pursued you. Alienation of affection is archaic - it has been outlawed in most states for that reason. It basically assumes that women are incapable of making their own decisions and that they need to be protected from men who will zero in on them and ruthlessly destroy happy marriages. It essentially removes any fault for the affair from the woman and puts it all on the man. But, as you know, it takes two to tango. If the other spouse can't prove a happy marriage and that you intended to destroy it, you may be able to get a judgment in your favor. Not all affairs are alienation - if she already had the intent to cheat, or was interested in leaving the marriage, then you did not do anything legally wrong.

Ability to pay is not considered in a court case. But it really doesn't sound like they would have a case against you, even if you did have money.

 

Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 20425
Experience: Attorney with experience in family law.
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