A good number of factors may go into the break-up of a marriage. In many cases, there may be blame to assign to both sides, thus allowing for the concept of a “no-fault” divorce – which recognizes that responsibility for the end of a relationship need not fall on one party in order to justify a divorce.
At the same time, however, the law recognizes that the actions of an individual may go further in contributing to a divorce than those of their partner. In such cases, what legal recourse is there for the aggrieved party?
Husband files lawsuit against ex-wife’s lover
There may be instances where one chooses not to recognize the total fault of their ex-spouse, but rather seeks to assign some degree of it to another. That is what happened with a lawsuit recently filed by a North Carolina man against his ex-wife’s lover (who happens to be a state senator). The Mebane Enterprise reports that in his lawsuit, the man claims to have suffered emotional damages due to the senator pursuing a romantic relationship with his then-wife, despite knowing of her marriage.
His lawsuit falls under the category of “alienation of affection,” which seeks to blame a third-party for their role in an extramarital affair.
Taking actions into account in a divorce case
While North Carolina state law allows for civil actions due to alienation of affection, the actions of one in contributing to the end of a marriage can also come into play in other ways. This includes the determination of child custody, or whether to assign an alimony obligation following a divorce.
If you are facing a situation where a third party played a role in the ending of your marriage, having trustworthy legal counsel can help you ensure that such considerations are appropriately taken into account in your divorce case.