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Articles Posted in alienation of affection

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Affairs and Cheaters: Court of Appeals Allows Alienation Case to Proceed

Estes v. Battiston, ___ N.C. App. ___ (2020). In North Carolina, Alienation of Affections and Criminal Conversation are common law torts called “heart-balm” torts that put civil liability on a third party for causing a breakdown in a marriage. In recent years, attempts by defendants to challenge the tort have…

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Separation, Divorce, and Dating

A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there…

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We’re Separated, but I Still Owe Money on the Engagement Ring!

Dear Carolyn, I am separated.  We were only married two years before separating. She is having an affair.  I bought my wife a huge engagement ring, which I gave to her before the wedding.  I still owe $25,000 on the ring, which was borrowed before we got married.  We paid…

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Heart Balm Torts: Playing Doctor and Nurse (Malecek v. Williams 2017)

By Carolyn J. Woodruff, North Carolina Family Law Specialist

Winston Salem, North Carolina: Malecek v. Williams (2017) Derek Williams is a Forsyth County doctor who had an affair apparently, or at least allegedly, with his nurse. Playing doctor-nurse games got them in trouble with the nurse’s husband, Marc Malecek. The nurse’s then-husband Marc sued Derek for alienation of affection…

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Cheaters never prosper

Dear Carolyn, My husband is having an affair with his secretary and I want to get that woman.  I kicked him out of our home on New Year’s Day when he made an excuse that he had to go by the office for something (something? Right?), and my detective caught…

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