North Carolina law provides a remedy for a person who feels another has interfered with his or her marriage, alienating the affection of his or her spouse. Recently, John Edwards' mistress was interviewed by Oprah, candidly admitting that she had entered into a sexual relationship with him knowing that he was married.
The mistress contends that the Edwards' marriage was over prior to her meeting John Edwards. Elizabeth Edwards has a potential cause of action for Alienation of Affections against the mistress. Should Elizabeth Edwards elect to sue her, Mrs. Edwards would have to show that (1) the Edwards had an intact relationship (2) which was undermined and destroyed by the actions of an interloper in order to win.
I was shocked to see that the mistress was so blatantly unapologetic about her role in the Edwards' separation. I was also shocked to see that an attorney had not advised her to keep her own counsel in this regard.
Thursday, May 6, 2010
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