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Can I sue for alienation of affection if my husband is

Can I sue for...

Can I sue for alienation of affection if my husband is staying with another woman, I've had to put him out of our home due to his continuous cheating. The woman knows how was married and kept seeing him. He has had other affairs prior we worked our our differences. but he moved back in our home we were currently living together and to my knowledg pet working on our marriage. but has been involved with this woman for over two years but has denied that he was seeing her.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Sorry I didn't mean to send that I was not finished typing

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This women has been involved with him for over two years and I've asked him to leave

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Answered in 2 minutes by:
4/7/2017
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 31,856
Experience: 18 years of litigation experience.
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Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

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In what US state are you?

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 1 year ago
North Carolina

Yes. North Carolina is one of the very few states in which you can still sue for alienation of affection. The elements you'd have to prove are:

- that you and your husband were genuinely happily married;

- that the defendant alienated your spouse and destroyed the love between you, and

- that she did so by wrongful and malicious acts.

__

The fact that your husband is now out of the house and living with her doesn't matter so long as at the time she entered the picture your marriage was intact and genuinely happy.

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Customer reply replied 1 year ago
Does it matter if he had other affairs throughout the marriage? They were prior to his involvement with her, he moved back in and to my knowledge we were ok. I assumed that we were happy and were working on our marriage. She continued the affair even after I confronted her 2 years ago. Not until recently did I know that he was still involved with her.
Customer reply replied 1 year ago
Is it worth the effort to go after her, he may deny that we were happy.

Yes it would matter that he had other affairs in that you'd have to establish that you were genuinely happy as one of the necessary elements you'd have to prove. If he can characterize it as a troubled marriage to begin with and the judge finds that part of his testimony more convincing than yours, you can't win.

It's worth the effort to have a consultation with a local lawyer. Many of them charge little or nothing for an initial meeting, and you can get an idea of how viable your case would be and whether the possibility of success would be worth the cost of litigation.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 31,856
Experience: 18 years of litigation experience.
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