For “alienation of affection”, a defendant can prove that no love and affection existed between the husband and wife.
Another defense exists under General Statute 52-13, which allows a defendant to prove that an act giving rise to the claim for “alienation of affection” or “criminal conversion” occurred after the date of separation.
Lillian Kwon’s Christian Post article begins “Dinesh D' Souza, president of The King's College and co-producer of ‘2016: Obama's America,’ is facing scrutiny for his relationship with a woman whom he has introduced to some as his fiancée.
North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.
Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.
However, according to World Magazine, on September 28, the week before he filed, he traveled with Denise Joseph to an event where he introduced her to some people as his fiancée.
After speaking at the Christian event that evening and receiving a standing ovation, he spent the night in the same Comfort Inn room with Denise.
They incorporated a prayer into their minutes that included this sentence, “All-too-frequent reports of the sinful failing of our accomplished leaders bring us no joy.” Subsequently, Dinesh announced that he is suspending his engagement to Denise. Therefore, the act of separation immediately brings a sense of relief and calm because they are not constantly at each other’s throats.
While attaining that time out sounds like a good idea, typically it is not. Because once they experience the relief, it is difficult to go back into the unpleasant task of figuring out how to solve the problems.
Under General Statute 50-16.2A, amongst the factors a judge can consider in granting support is any martial misconduct by the parties.
Marital misconduct can include abandonment and “illicit sexual behavior.” A former spouse could use evidence of your relationship, similar to the “alienation of affection” and “criminal conversion” claims, to argue that you are at fault for ending the marriage and deserve less financial support.
Therefore, I refer to them only to address principles about separation, dating, and morality.
When Dinesh became president of The King’s College in 2010, he moved to New York but left his wife in California.
Our experience with helping couples indicates that separation facilitates divorce, but seldom facilitates reconciliation.