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I am in NC and my wife has been lured away from our marriage…

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I am in NC and...
I am in NC and my wife has been lured away from our marriage by a guy . We had a good marriage, loving, the guy had been trying to divide us for months. He has since been influencing her to the point that I was served with Domestic Violence summons and removed from the house. There is no or was there ever any form of violence, disrespect or anything related to such things.
I have court on mon.regarding the DV case . I do feel it necessary to file Alienation of Affection and criminal coversation against the guy.
My problem is financial and thereby I would need legal services and a payment program
Submitted: 8 months ago.Category: Family Law
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11/17/2017
Family Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 38,837
Experience: 30 plus years of experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

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Family Lawyer: Loren, Lawyer replied 8 months ago

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. In layman’s terms, you may sue your spouse’s paramour. To prove this case legally, however, you must satisfy the following:

  1. You and your spouse were happily married and a genuine love and affection existed between you.
  2. The love and affection was alienated and destroyed.
  3. The wrongful and malicious acts of the defendant produced the alienation of affection.

With a pending DV you may have a problem with the first element of the prima facie case, but that is a detail you would want to review with your attorney when you work out the case strategy.

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Family Lawyer: Loren, Lawyer replied 8 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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