Silly question at this time, but have you been documenting everything that you have offered and she has declined?
No, not a silly question. I suppose I have this about as documented as I can. I have maintained a journal of sorts. And I can produce email evidence of W's responses.
Originally Posted By: InLikeFlynn
I thought NC was one of those states that punished OM with alienation of affection and penalised cheaters in court?
Yes, these laws are still on the books. NC is one of the few states that still has a law against Alienation of Affection and a law against Criminal Conversation (read: adultery). But I gather that most lawyers refrain from pursuing either of them. I guess the hurdles needed to prove a case are so high and the outcome so indeterminate that they almost never consider them now unless the plaintiff stands to get a huge monetary payoff from the defendant -- so I guess it is now only considered if the offender has wealth to be mined.
And since NC is also a "No-fault" state for D, there is very little advantage in that regard either for pursuing one of these additional charges. It's sad really that modern values have deteriorated to such an extent. These laws were created to help protect the family and to help protect children, by discouraging both infidelity and predatory adulterers. Now they are left unenforced.
In my own case, my L has said that the threat of one of these suits might could be used as merely a bargaining chip should we wind up in court, nothing more. That was some time ago now, almost a year ago when we last mentioned this subject. I can't say I was all that encouraged by my atty's lack of enthusiasm for such a case; I'm even a bit disappointed. I trust she has weighed the odds and is advising me where to better focus my energies. But with W now making moves towards litigation, it may be time for me to remind my L about these additional cards with which we could deal.