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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 16 years experience
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I am having an affair with a married man. If his wife finds

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I am having an affair with a married man. If his wife finds out about me can I be sued for alienation of affections if he decides to legally separate from her or even if he doesn't ?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Although NC legislators have tried to abolish the laws about alienation of affection and the the other party's civil liability, they have not been able to do so yet.
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So under NC Statutes 52-5 and 52-13, the wife could have a cause of action if she can prove three things:
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To prove this case legally, however, she must satisfy the following:

  1. She and her spouse were happily married and a genuine love and affection existed between them.
  2. The love and affection was alienated and destroyed.
  3. The wrongful and malicious acts of the defendant produced the alienation of affection.
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So if the marriage was already on the rocks prior to you entering into a relationship with him, it would be very hard for her to prove alienation of affection in a suit. Additionally, unless both you and the wife have a lot of money, it would be prohibitively expensive for her to sue you for a judgment that you couldn't pay and could just file bankruptcy to discharge.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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