Can a spouse (married couple lives in VA) sue a 3rd party (residing in NC) for Alienation of Affections?

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Can a spouse (married couple lives in VA) sue a 3rd party (residing in NC) for Alienation of Affections?

Married couple has resided in VA for the entire duration of marriage. Still married, but in process of separating. 3rd party resided in VA at the time of making acquaintance with married couple. 3rd party now resides in NC. Does Alienation of Affections law apply — can wronged spouse file a suit against the 3rd party, even though VA does not have this law?

Asked on June 23, 2009 under Family Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Are you saying suing a lover/mistress? No, alienation of affection concerns when one spouse for instance gets hurt and you sue the third party (like the person whose fault a car accident is or something) for your alienation of affection.

Sounds like the person who wishes to sue really needs to talk to a divorce attorney.  Try www.attorneypages.com and check his or her record at the Virginia State Bar.


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