Alienation of Affection/Criminal Conversation in NC

[quixote]

What is the name of your state? NC

My wife met an old friend numerous times last spring on a home visit. He then strongly encouraged her to have an affair with him. They traded emails that expressed their love for each other. In the fall, she went to a city to meet him, lying to me about the reason for the trip. I have the emails, phone logs, pictures of gifts, etc. I have PI photos of them entering the hotel together. According to my lawyer, I can prove "intent" and "opportunity" for adultery.

We attempted reconciliation until she broke it off recently. She plans on moving out. We have been married for 18 years and have 3 preteen kids. She is a stay-at-home Mom.

Last fall, after the tryst was discovered, I called her paramour and recorded the conversation. From what I know, that is legal in NC. Over the next 20 minutes, he said things like: "It is totally my fault," "I pursued her", "I'm really good at this (seducing women)", "She wouldn't sleep with me (in the hotel room) though I really tried," etc.

I would like to know if I have a case for alienation of affection. If so, what are typical awards or settlements? I estimate that her paramour is worth around $2 million net.
Is there any public information? My current lawyer does not have experience in these types of cases.

[perroloco2]

Here's a link to an article about alienation of affection in North Carolina:
[url]http://www.rosen.com/ppf/law/divorce/rosen/201/articles.asp[/url]

[xylene]

please not that the article found at

[url]www.rosen.com/ppf/law/divorce/rosen/201/articles.asp[/url]

while containing true facts, is also a thinly disguised lawyers advertisement, and despite the high $$$ amounts discussed, be warned that many AOA suits fail. But a lawyer selling you on one wins as such cases are very unlikely to be taking them on contingency.

[Farfalla]

Do you want revenge or to save your marriage?

Some 90% of all marriages in which affairs occur survive the affair and go on to be better.... even if one spouse has already moved out... affairs usually do not survive long once the spouse is no longer in the picture to fill at least 50% of the cheating spouse's needs. Read the book if you are at all interested in saving your marriage.

If it's revenge you want... it will end up costing you a LOT of money. Your attorney will of course love it though.

[MFinancier]

Originally Posted by quixote

What is the name of your state? NC

My wife met an old friend numerous times last spring on a home visit. He then strongly encouraged her to have an affair with him. They traded emails that expressed their love for each other. In the fall, she went to a city to meet him, lying to me about the reason for the trip. I have the emails, phone logs, pictures of gifts, etc. I have PI photos of them entering the hotel together. According to my lawyer, I can prove "intent" and "opportunity" for adultery.

We attempted reconciliation until she broke it off recently. She plans on moving out. We have been married for 18 years and have 3 preteen kids. She is a stay-at-home Mom.

Last fall, after the tryst was discovered, I called her paramour and recorded the conversation. From what I know, that is legal in NC. Over the next 20 minutes, he said things like: "It is totally my fault," "I pursued her", "I'm really good at this (seducing women)", "She wouldn't sleep with me (in the hotel room) though I really tried," etc.

I would like to know if I have a case for alienation of affection. If so, what are typical awards or settlements? I estimate that her paramour is worth around $2 million net.
Is there any public information? My current lawyer does not have experience in these types of cases.

Yeah NC is one of the few states that lets you pursue this nonsense...but not only is recording a phone conversation illegal (NC is a one party notification state) eavesdropping on one is too. Besides...you said she didn't sleep with him...so what's your beef? You want to sue a guy for TRYING to have sex with your wife? What about someone who just thinks about it? What kind of relationship did you have before this, how have you suffered emotionally or financially since. These are just a few of the questions you'll have to testify about and be crossed on. They are going to pick your life apart...and it will be NASTY and expensive. Now...how are you going to be able to put it all in his lap either...no one got her drunk and dragged her into that hotel, and you did say they BOTH expressed their love for each other...well maybe it's true! If therapy didn't work and she's not interested in reconcilliation...it's time to suck it up and think about moving on.

[Ohiogal]

Yeah NC is one of the few states that lets you pursue this nonsense...but not only is recording a phone conversation illegal (NC is a one party notification state)

Actually recording a conversation in NC if both parties are in NC is legal if you are a party to the conversation. So you are wrong about that.

eavesdropping on one is too.

Maybe, maybe not.

[mistoffolees]

Originally Posted by MFinancier

You want to sue a guy for TRYING to have sex with your wife?

Oddly enough, in NC, that appears to be sufficient go get a divorce on the basis of adultery if he chooses to go that route. It does seem to make alienation of affection a stretch, though.

[MFinancier]

Originally Posted by Ohiogal

Actually recording a conversation in NC if both parties are in NC is legal if you are a party to the conversation. So you are wrong about that.


Maybe, maybe not.

Well...this is all I have to go on....

N.C. Gen. Stat. § 15A-287: It is a Class H felony to intercept or disclose the contents of a wire, oral or electronic communication without the consent of at least one party to the communication, The statute defines wire communications to exclude the radio portion of a cordless telephone call that is transmitted between a cordless telephone handset and base unit. N.C. Gen. Stat. § 15A-287.

Quote:

While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

States Requiring One Party Notification
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

States Requiring Two Party Notification
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington

[Ohiogal]

Originally Posted by MFinancier

Well...this is all I have to go on....

N.C. Gen. Stat. § 15A-287: It is a Class H felony to intercept or disclose the contents of a wire, oral or electronic communication without the consent of at least one party to the communication, The statute defines wire communications to exclude the radio portion of a cordless telephone call that is transmitted between a cordless telephone handset and base unit. N.C. Gen. Stat. § 15A-287.

Quote:

While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950's) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

States Requiring One Party Notification
Alabama
Alaska
Arizona
Arkansas
Colorado
District Of Columbia
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma Oregon
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

States Requiring Two Party Notification
California
Connecticut
Delaware
Florida Massachusetts
Maryland
Michigan
Montana New Hampshire
Pennsylvania
Washington

And he is party to the conversation. hence he can legally record the telephone call. As long as the other party is not in a two party state at the time of the call. Hence recording it would have been LEGAL and not illegal.

[MFinancier]

Originally Posted by Ohiogal

And he is party to the conversation. hence he can legally record the telephone call. As long as the other party is not in a two party state at the time of the call. Hence recording it would have been LEGAL and not illegal.

Ahhhh...yes thanks...I see the light now! The next question is...just how much would be admissable as evidence?

Quote:

Individuals and businesses that make surreptitious recordings often do so with the expectation that the recordings will be useful as evidence. Such recordings are subject to significant barriers to use as evidence. First, if made in violation of either federal or state law, the recordings will almost certainly be inadmissible. Second, even if lawfully recorded, the tapes will be exempt from the hearsay rule and will not, in most jurisdictions, be usable for impeachment. Anyone contemplating an evidentiary use of surreptitious recordings should consult with an attorney prior to making the recording.

[Ohiogal]

Originally Posted by MFinancier

Ahhhh...yes thanks...I see the light now! The next question is...just how much would be admissable as evidence?

Quote:

Individuals and businesses that make surreptitious recordings often do so with the expectation that the recordings will be useful as evidence. Such recordings are subject to significant barriers to use as evidence. First, if made in violation of either federal or state law, the recordings will almost certainly be inadmissible. Second, even if lawfully recorded, the tapes will be exempt from the hearsay rule and will not, in most jurisdictions, be usable for impeachment. Anyone contemplating an evidentiary use of surreptitious recordings should consult with an attorney prior to making the recording.

it depends. If he is suing the other party of the phone call it all could be admissible if he can prove it was actually the other party who was talking. There are no guarantees.

[quixote]

xlene seems to have had some insight. Any more info?

I am looking for more information about actual AoA cases, to figure out if I have a case.
This isn't about revenge. This is about trying to survive financially after another man maliciously fed my wife's fantasies. She broke off reconciliation, not me.

mfinancier- since you don't know anything about this, please stop trying to give me advice.

[perroloco2]

As Xylene stated, the author/lawyer of this article ([url]http://www.rosen.com/ppf/law/divorce/rosen/201/articles.asp[/url]) has his own agenda. Interestingly, I found another article in which he claims to discourage his clients:

[url]http://overlawyered.com/2005/05/alienation-of-affection-suits/[/url]

The North Carolina Bar Association is pressing to abolish the state’s unusual cause of action for alienation of affection, a carryover from common law days in a few states which allows a wronged spouse to sue the other spouse’s paramour for having broken up the marriage. The law is still sometimes used, and in fact damage awards have been escalating briskly in the Tarheel State, reaching $500,000 (later reduced) in a 1990 Forsyth County case and $1.2 million in a case eight years ago in the same county. “Most of the time, lawyers said it costs as much or more to try these kind of cases than the injured party stands to win,” and Raleigh family law practitioner Lee Rosen says he often discourages clients from filing such a suit because by poisoning the atmosphere it “destroys the possibility of future cooperation” on, e.g., custody matters.(Amanda Lamb, “Some Want To Get Rid Of ‘Alienation Of Affection’ Lawsuits”, WRAL, Feb. 2). See Nov. 16, 2004; May 18-21, 2000.

If you're still interested in actual cases, here are 2:
[url]http://www.aoc.state.nc.us/www/public/coa/opinions/2003/021167-1.htm[/url]

[url]http://www.aoc.state.nc.us/www/public/sc/opinions/2006/308-05-1.htm[/url]

[MFinancier]

Originally Posted by quixote

xlene seems to have had some insight. Any more info?

I am looking for more information about actual AoA cases, to figure out if I have a case.
This isn't about revenge. This is about trying to survive financially after another man maliciously fed my wife's fantasies. She broke off reconciliation, not me.

mfinancier- since you don't know anything about this, please stop trying to give me advice.

Ok fair enough...If I hear of any cases where someone's wife freely expresses her love for an old friend, lies to her husband and voluntarily meets with this man in another city, doesn't have sex with him...and her husband claims he can't survive financially as a result of this and successfully sues this man for unspecified financial damages based on alienation of affection...using surreptitious recordings and photos and a claim that this man maliciously fed his wife's fantasies....I'll be sure to let you know! In the meantime...Good Luck!