Don't wait — call us today.
Your consultation awaits.

PLEASE NOTE: Schmitz Law remains open and available, and in response to the threat of COVID-19, we are offering the ability to meet with us in person, via telephone, or through video conferencing. Please call our office to discuss your options.

Schmitz Law, P.C.

Client-Centered Service.
Results-Oriented Solutions.

Our Practice Areas

Judge agrees that you can sue for an affair in North Carolina

In some states, varied laws surrounding extramarital affairs could get those who sleep with married people in deep trouble. For instance, a court in North Carolina ruled that a man can sue a doctor because the doctor had an affair with the man's wife.

The lawsuit asserts that the affair resulted in the alienation of affection and criminal conversation. He accuses the doctor that he's suing of luring his wife into having an affair.

In this case, the man's wife, who is a nurse, had an affair with a pediatric cardiologist in 2015. The affair lasted approximately two months, but the husband claims it disrupted the marriage. The woman's husband is suing, but the doctor claims that the allegations violate his right to freedom of speech and expression. Additionally, he claims it violates his right to engage in sexual activity.

North Carolina is one of only a few states that allows spouses to sue their spouse's partner during an affair. In fact, around 200 cases of this type take place each year in North Carolina. The cases are often used to recover economic damages related to the then-necessary divorce.

If your spouse has an affair, it's your right to pursue compensation from the person he or she is having an affair with in most cases. While this isn't common in divorce cases, the idea behind suing is sound. Since that person disrupted your marriage, he or she may be costing you hundreds or thousands of dollars and has mentally harmed you in a way that opens him or her up to being sued.

Source: NY Daily News, "Scorned husband OK'd to sue N.C. doctor who had affair with wife," Terence Cullen, Sep. 06, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Firm Location:

301 N. Main Street
Suite 1070
Winston-Salem, NC 27101

Phone: 336-893-0332
Fax: 336-714-2381
Winston-Salem Law Office Map

Firm Number: