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SDK

Alienation of affection question

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I live in WI. Someone I have a history with contacted me to catch up on life, he and his wife live in North Carolina. We chatted about our marriages, he was telling me how unhappy he is, how he needs to leave, etc. There were a few inappropriate comments made only because we do have a history together. We only sent messages for a few days, that was it. His wife saw we chatted and called me a wanna be home-wrecker and to stay away. He isn’t leaving her for me, it’s not even close to that. He’s actually trying to figure things out with her I think. I’m sure I’m just being crazy but I’m really anxious about the alienation of affection tort. Does she have any grounds to sue me for that? I can’t imagine she does but I wanted to ask. What if he ends up leaving her eventually but it’s not to be with me, does she have grounds then?

 

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Anybody can sue anyone for just about anything.  It doesn't mean they have a case.  In your situation, I can't imagine how the wife can go after you when you aren't even in the same state.  To prove a case of alienation of affection, she has to show that they had a happy and loving relationship and that your wrongful and malicious behavior directly caused the alienation of her husband's affections.  I don't see that in what you posted.    

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15 hours ago, SDK said:

Does she have any grounds to sue me for that?

 

Sue you for what?

 

Here's what you've told us:  A man with whom you "have a history" (not sure what the implication of that is supposed to be) "contacted [you] to catch up on life."  You told us some things that he told you (but nothing that you said to him) and that one or both of you made "a few inappropriate comments" of some unstated nature (again, not sure if we're supposed to be inferring something from this?).  Finally, you said that you "sent messages for a few days."  In other words, you haven't told us what happened with any degree of clarity.

 

So, again, what exactly did you do that you think might give her reason to sue you?  Your post doesn't even say that she threatened to sue you.

 

If you're asking whether she has grounds to sue you for alienation of affection, here's an article that discusses the elements of such a claim under North Carolina law.  Putting aside the merits of such a claim, your post indicates that you are in Wisconsin and the man in question is in North Carolina.  While North Carolina is one of the very few states that still recognize this archaic tort, Wisconsin does not recognize it.  Thus, if this woman were to sue you for AOA, she would have to do it in North Carolina.  Given the circumstances mentioned, it is highly doubtful that you would be subject to personal jurisdiction in North Carolina.  Even if she sued you and got a judgment, do you have assets or a source of income in North Carolina?  If not, then she'd have to seek to domesticate her North Carolina judgment in Wisconsin, and I have doubts that Wisconsin would allow that for a judgment based on a tort that Wisconsin does not recognize.  In other words, being anxious about this is a pretty extreme and apparently unreasonable reaction.

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