the affair happen in va
nc but not happily married and she was the agressor
is this law enforced if I have no money/assets or every will
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.
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