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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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How after an alleged affair can a spouse pursue legal action

Customer Question

How long after an alleged affair can a spouse pursue legal action against either party? At what point does it become undue harassment?
Submitted: 4 months ago.
Category: Legal
Expert:  Sam replied 4 months ago.


This is Samuel. I will provide you information in this regard.

There is a 3 year statute of limitations to pursue what is called "alienation of affections" in NC.

Expert:  Sam replied 4 months ago.

However, keep in mind, if the spouse continued the marriage and/or had sexual relations with the other spouse all the while knowing about the infidelity, then in the eyes of the court they have forgiven the infidelity. And thus have no basis to pursue the Alienation of Affections action.

Expert:  Sam replied 4 months ago.

It can become "harassment" at any point after the person who is harassing has been given notice to "cease and desist" the behavior. Once they have been given notice that the behavior is annoying and or harassing and told to cease and desist the behavior and they do not then it becomes harassment.

Expert:  Sam replied 4 months ago.

That Notice to Cease and Desist the annoying and harassing behavior should be in writing and mailed Certified with a return receipt requested to show they have been told it was harassing and to stop it.

Expert:  Sam replied 4 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

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