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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23930
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My wife is being sued in north carolina by her daughters

Customer Question

My wife is being sued in north carolina by her daughters husband for alienation of affection. We live in Florida. Florida does not recognize this archaic statute. Will she have to defend herself and will they be able to serve her in Florida.
Submitted: 12 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 12 months ago.

Good morning. Can you share with me what your wife did to her husband?

Customer: replied 12 months ago.
My wife is being sued because her son in law says that she broke up the marriage between her daughter and him maliciously. He states that her actions caused a happy marriage to be broken thus "alienation of affection".
Customer: replied 12 months ago.
North Carolina recognizes this law. We live in Florida. Will she be served in Florida and will she have to travel to defend herself.
Expert:  FamilyAnswer replied 12 months ago.

Thank you for the additional information. I think he is confused, as to the cause of action and what he can sue for. I say this, because I have provided the elements below, which he needs to meet, to succeed.

Elements:

  1. A marriage with genuine love and affection between Plaintiff and spouse.
  2. That the love and affection of the spouse was alienated.
  3. That the wrongful and malicious acts of Defendant were a proximate cause of the alienation of the affections.

In North Carolina, you may sue an individual who has caused a married person to suffer the loss of affection of their spouse, so long as the marriage was peaceful and intact at the time of the affair. This is not something which typically is used and sued upon, for a mother speaking with and interfering with her daughters marriage and giving her opinion on it. Now, he can sue in NC and she would have to defend it BUT she could always attack the jurisdiction of the cause and also file a motion to have this dismissed, since what he is trying to go after her for, does not normally allow recovery.

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Expert:  FamilyAnswer replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!