Can I pursue legal action against a 3rd party who ruined my marriage?
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Can I pursue legal action against a 3rd party who ruined my marriage?
This guy from my wife former job has ruined my marriage. In the course of 2-3
months. They’ve been secretly meeting up/Texting and calling each other
feverishly. I caught wind and attempted to put a stop to it to no avail. We are
presently headed for separation/divorce. I have evidence
Asked on May 24, 2017 under Family Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You may be able to sue this man if certain legal requirements are met. In NC, you can do this pursuant to the legal remedy of "Alienation of Affection". This is based on a third party's "willful and malicious" interference with marriage relations. For a plaintiff's spouse to recover under such a lawsuit, it must be proven that: (1) the spouses were happily married and genuine love and affection existed between them; (2) such love and affection was "alienated" and destroyed; and (3) the "wrongful and malicious" acts of the defendant brought about the loss of such love and affection. The exclusive right of sexual relations is not the right that is protected in such a suit, rather it is the actual interference with the right to affection between spouses that is protected here. An Alienation of Affections action is often brought along with an action for "Criminal Conversation", which is a claim for adultery. It does protect the right of exclusive sexual relations between a husband and wife. The proof for this action is that the plaintiff must be, or have been at the time, lawfully married and their spouse had sexual intercourse with the defendant without the plaintiff's consent.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You may be able to sue this man if certain legal requirements are met. In NC, you can do this pursuant to the legal remedy of "Alienation of Affection". This is based on a third party's "willful and malicious" interference with marriage relations. For a plaintiff's spouse to recover under such a lawsuit, it must be proven that: (1) the spouses were happily married and genuine love and affection existed between them; (2) such love and affection was "alienated" and destroyed; and (3) the "wrongful and malicious" acts of the defendant brought about the loss of such love and affection. The exclusive right of sexual relations is not the right that is protected in such a suit, rather it is the actual interference with the right to affection between spouses that is protected here. An Alienation of Affections action is often brought along with an action for "Criminal Conversation", which is a claim for adultery. It does protect the right of exclusive sexual relations between a husband and wife. The proof for this action is that the plaintiff must be, or have been at the time, lawfully married and their spouse had sexual intercourse with the defendant without the plaintiff's consent.
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