Q: If during separation we had planned to reconcile but due to his cheating again we didn’t is his affair still a crime?
He has been texting for years & been sexual with this person since last June. I just learned of her in Jan. I thought he changed and dumped her in March so we talked about reconciliation. He was still seeing her and is still with her today. How does that affect Alienation of Affection to sue her and my alimony?
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- North Carolina
- (910) 333-9679
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A: Adultery is technically a crime in NC but you likely will not have any luck getting any DA to prosecute it. As to Alienation of Affection, step one is determining if she has assets worth going after - if not you are wasting your time and money to sue her. If she does, your next hurdle will be to prove she broke up a happy marriage - that is often very difficult. However, if you are the Dependent spouse, you likely have a good shot at some alimony - again depending on if your husband has assets. You should consult with a local family law attorney about your options. Best of luck.
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