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Court of Appeals upholds alienation of affection suit

Posted August 3, 2010

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— The North Carolina Court of Appeals on Tuesday upheld a $160,000 alienation of affection lawsuit.

The case out of Onslow County involved Walter Heller, who sued his wife's boyfriend and two people who encouraged their extramarital affair.

North Carolina is one of seven states that still allow jilted spouses to sue marriage wreckers for money.

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  • sunneyone Aug 4, 2010

    JAT, the "other guy" continued to pursue a married woman. He should pay. Because he should have said "get your stuff in order" and ended it while she was still married.

    prettylittleangeleyes, harassment is illegal. Call your local PD's non-emergency line and ask to speak to an officer.

  • DahlingBella Aug 3, 2010

    The alienation of affection and criminal conversation are the by products of common law decending from the period when a woman was considered the "property" of the husband. These laws are archaic and there is a reason why most of the states have removed them from the books. Prior to the law's revision last year, you could have a valid separation agreement and being in the ridulous year long waiting period to file for divorce AND STILL BE SUED for alienation of affection. As one lawer told me...affairs are symptoms of bad marriages. Unfortunately, the suing party usually is in denial that their marriage wasn't that good. I suggest making it a year long wait to get married and if you want a divorce...do like the majority of the states...make it effective in 30 days if there aren't children and 3 months if there are.

  • ncwiseguy Aug 3, 2010

    marriage is for, by, and about women. and for the most part............it SUCKS!!!!!!!!!!

    been married 4 times.........first time, only time, last time, NO MORE time.

    life is good without it!!!!!

  • yesnomaybesok Aug 3, 2010

    the VOW's are the contract.... i do... with u and only u til death do us part.... either way man or woman...if u cheat after the ring u should pay... or just get a divorce... hello! i've been wit my man for almost 10 years... u really never know the other person no matter how long you've been with them or have known them cause people change and grow apart... i'm not getting married... ugh! i'm fine with my last name and if i wanna go... i'm gone! but...i'm still here & happy as ever, people say things change after u get married....so y do it? i've got the free milk already right y buy the cow... lol!! & forget buying a dress i'm only gonna wear 1 time!

  • Adelinthe Aug 3, 2010

    007 - "My thing is if you know you aren't into someone from the get go why marry them?"

    Did it say that?

    Cause sometimes you don't know exactly how or what a person is until you marry them.

    God bless.

    RB

  • 007KnightRider Aug 3, 2010

    My thing is if you know you aren't into someone from the get go why marry them? Should have stayed single and played the field. At least she would have extra money to go to the club.

  • JAT Aug 3, 2010

    really? a "contract"? If that's the case, then, the husband should have had to notify the other man in writing that he was, in effect, hiring an employee with a noncompete agreement and allow him the legal opportunity to respond. However, the marriage license doesn't say anything about the woman not being able to cheat or sleep around so, in fact, she wasn't breaking a contract.

    You people never cease to amaze me. Being married is not a contract although the resolution of the marriage is a legal matter. The "other man" didn't break a contract or anything else. The wife went off and did something she didn't need to do and the man got mad and wanted to get even and would settle for money to make himself feel better. Will the money really do that, I wonde? I doubt it. Anger and revenge and stuff like this will just consume you and it's not worth it. If the woman didn't love him enough to stay with him, just let her go and go find someone to make you happy.

  • wakeconative4ever Aug 3, 2010

    andy2....you had the best, legal explanation of anyone....yes, vows do matter and emotions run high in situations like this, but in the end, it is about a legal contract being broken....and in my opinion, $160,000 is NOT enough

  • 1911A1 Aug 3, 2010

    They should loose everything and pay alamony and suffer

  • andy2 Aug 3, 2010

    This is a contract settlement nothing more. The wife in this case broke the contract with a competitor. Instigators or facilitators are often charged or named in contract settlements. The husband is entitled to this claim according to NC law. She should have worked on dissolving the contract instead of breaking the contract. This has nothing to do with your vows it has to do with the marriage license issued in NC and what it represents.

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