Aretext messsages and kissing someone’s wife enough evidence to file an alienation of affections lawsuit?

UPDATED: Mar 4, 2012

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Aretext messsages and kissing someone’s wife enough evidence to file an alienation of affections lawsuit?

We love other and she is currently waiting for separation papers. The husband has our IM’s and knows we’ve kissed. We haven’t had sex though. He’s threatening legal action. Alienation of affection lawsuits are legal in our state.

Asked on March 4, 2012 under Family Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They very well could be sufficient if in your state law there is sufficient case law or enough in the statute to make you both liable. You need to understand that while someone is married, in most states that fault at fault statutes, the person with whom you are in love is going to suffer for it because the other spouse can use it against him or her. So the bottom line at this point is to consider your options and think about what can occur and whether you simply stepping aside (for legal protection) may be the better approach.

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