QUESTION
My wife had an affair with a male co-worker, her immediate supervisor. Can I still bring suit again him even though it has been many year?
Asked on Jun 01st, 2012 on Business Law - North Carolina
More details to this question:
I was told at the time, by more than one co-worker of theirs, that I needed to keep an eye on the two of them. I asked my wife directly and she denied everything. At the time we had some problems and separated but later reconciled. I was sent an e-mail earlier this year that brought the subject up again. I again questioned my wife, who denied it. I then called the man and questioned him and he admitted to a 6-8 month affair. When confronted, my wife finally admitted to it. After I told my wife I would drop it and not call rge man again, I found out she called him and then the supposed confession changed. When I suggested we meet with him and his wife to discuss this, she was fiercely apposed to his wife finding out. I want the truth.
1 ANSWER
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As a general matter, lawsuits for alienation of affection and other so-called "heart balm" causes of action have been eliminated, although they survive to a limited extent in North Carolina (if that is your residence). If your wife has been unfaithful to you, you can sue for her a divorce. In the course of the divorce proceedings, you can, if you are determined to do so, ascertain the extent of her misconduct during the marriage. No compensation is generally available for such misconduct. In any event, the statute of limitations on such a claim is likely to be three years.
Answered on Jun 02nd, 2012 at 6:45 AM