Can I sue my wife’s lover for alienation of affection?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue my wife’s lover for alienation of affection?

My wife and I were married in NC 6 years ago; we moved to VA 3 years after that; then we moved to SC last year. I was originally planning to grant her a no-fault divorce. She has now admitted to committing adultery and is still involved in the adulterous affair. Can I sue for spousal support due to the adultery and can I sue the paramore for alienation of affections?

Asked on July 5, 2011 under Family Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

NC is one of the few states that still allow alienation of affection lawsuits. However, in order to bring this type of suit you must be a resident of NC; where you got married as no bearing. And SC does not permit such actions. As for spousal support, typically adultery does not factor into a court's decision as to whether or not to award it (although in some states it may be a factor as to how much support is granted).

At this point you should consult directly with an attorney in your area.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption