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Can I sue my mother in law for alienation of affection?

Greenville, NC |

She intentionally causes problems and has throughout my entire marriage of 8 years and now because my husband is tired of her always having issues with me he is choosing to end our marriage because "it will always be something."

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At common law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.
§ 52-13. Procedures in causes of action for alienation of affection and criminal conversation.
(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.

(b) An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.

(c) A person may commence a cause of action for alienation of affection or criminal conversation against a natural person only.

You should consult a lawyer who can advise you of the pros and cons of pursuing such a suit.

This answer is in no way meant to give you legal advice or create and attorney/client relationship.

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Ms. Gonzalez is correct. It is possible to file such a claim, but is it worth it. The first thing to consider is the net worth and assets of your mother in law. If she has nothing, you will pay an attorney a lot of money to get a judgment that you will never collect. Your first focus should be on keeping the marriage together and if that is not possible then to position yourself properly in your divorce action with appropriate support, custody, and equitable distribution actions as are appropriate. You should speak to whomever you hire to handle the other matters to see if an AoA action is worth pursuing.

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