Asked about 1 year ago - Raleigh, NCFlag
I started seeing a guy a couple weeks ago and he is married but separated. Him and his wife has only been married since this past nov so they have only been married a short time and they have been separated for a little over a month now. She is treating me and saying she is going to get me for alienation of affection. Is it possible since I didn't even meet him til after they split up??
If you did not meet him until after the date of separation, then alienation of affection will not fly. Alienation of affection requires a "happy marriage", and that happy marriage destroyed by the acts of a third party, in this case you. Case law has established that post separation conduct alone will not support a claim for alienation of affection.
Another problem the wife would have is establishing much in the way of damages, even if you were found to have destroyed the love and affection between the parties. Only being married a few months is not an ideal case for alienation of affection. Most attorneys would advise against filing a lawsuit that would cost several thousands of dollars in attorneys fees for the destruction of a marriage that lasted less than a year unless there were some pretty substantial aggravating factors.
That being said, be careful and try to be considerate of other people's feelings. She is going to be angry and its a hard situation for everyone involved. Its best to avoid communication with her and of course try very hard to be discreet if your are going to have a relationship with her estranged husband.
You can always be sued even if they don't win ultimately so discretion is advisable. If you did not know him prior to his separation (separate houses with intent to be separate), then under the new statute he should not be able to win an alienation of affection claim against you. That said people often times sue others out of spite in these instances. You will need to see a lawyer to protect yourself if that occurs.
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