How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35297
Experience:  Attorney with 16 years experience
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I am having an affair with a married man. If his wife finds

This answer was rated:

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.
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.
So under NC Statutes 52-5 and 52-13, the wife could have a cause of action if she can prove three things:

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.
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.






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


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.


Barrister and other Family Law Specialists are ready to help you

Related Family Law Questions