Question for sister

[chronicle]

What is the name of your state (only U.S. law)? NC(I am GA- this is a question for my sister who is in NC)

NC recognizes alienation of affection & criminal conversation claims against a third party. The law was amended in October 2009 in the following manner:

§ 52-13. Procedures in causes of action for alienation of affection and criminal conversation.

(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.

(b) An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.

(c) A person may commence a cause of action for alienation of affection or criminal conversation against a natural person only.[3]


Question: Does section (b) of this amendment mean three years from the date of separation, or three years from the date of actual divorce decree? Any insight would be helpful.

 

[stealth2]

What is the name of your state (only U.S. law)? NC(I am GA- this is a question for my sister who is in NC)

NC recognizes alienation of affection & criminal conversation claims against a third party. The law was amended in October 2009 in the following manner:

§ 52-13. Procedures in causes of action for alienation of affection and criminal conversation.

(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.

(b) An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.

(c) A person may commence a cause of action for alienation of affection or criminal conversation against a natural person only.[3]


Question: Does section (b) of this amendment mean three years from the date of separation, or three years from the date of actual divorce decree? Any insight would be helpful.

Neither, by my understanding. Three years from the date the person being sued (the defendant) does something with the errant spouse.

Does your "sister" understand how expensive and difficult to prove such actions are?

 

[chronicle]

Oh yes- she is not wanting to start a claim- she is being threatened with one. She was not the cause of the downfall of the marriage, by the way, but the ex of her current fiance claims she was. (I know- confusing, and I should not be asking questions of behalf of someone else, but since it is a law-reading rather than a specific situation, I thought I would try, and thank you for the response.)

So then the way it reads means from the date of the last... ahem, "encounter" of the paramours? Even though section (a) states that no action can be brought for actions occuring after the date of separation? Sorry- just trying to understand.

 

[mistoffolees]

Oh yes- she is not wanting to start a claim- she is being threatened with one. She was not the cause of the downfall of the marriage, by the way, but the ex of her current fiance claims she was. (I know- confusing, and I should not be asking questions of behalf of someone else, but since it is a law-reading rather than a specific situation, I thought I would try, and thank you for the response.)

So then the way it reads means from the date of the last... ahem, "encounter" of the paramours? Even though section (a) states that no action can be brought for actions occuring after the date of separation? Sorry- just trying to understand.

The timing is based on when the alleged act occurs (such as an affair, for example).

(a) means that if the act occurs after the couple are physically separated, neither party can initiate a claim.

(b) says that if they wait more than 3 years after the last time the act occurs, they can't initiate a claim.

 

[chronicle]

Thank you!

 

[stealth2]

So then the way it reads means from the date of the last... ahem, "encounter" of the paramours? Even though section (a) states that no action can be brought for actions occuring after the date of separation? Sorry- just trying to understand.

(a) means that if the act occurs after the couple are physically separated, neither party can initiate a claim.

Not quite. It cannot be filed if the teh couple has physically separated with the plan for the separation (by one OR the other spouse) to be PERMANENT. If they separate with the intent to reconcile and "sister" decides to boff hubby? Oh yeah - wifey can file.

(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.

 

[mistoffolees]

Not quite. It cannot be filed if the teh couple has physically separated with the plan for the separation (by one OR the other spouse) to be PERMANENT. If they separate with the intent to reconcile and "sister" decides to boff hubby? Oh yeah - wifey can file.

Correct. Sorry.