What are my legal rights, regarding a cheating spouse in NC, even though our marriage is not recognized in here?

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What are my legal rights, regarding a cheating spouse in NC, even though our marriage is not recognized in here?

Anonymous Jul 30, 2012 Business 8 views 2 answers

I am a lesbian. I married my partner in CT, where gay marriage is legal. We were and are residents of NC, when we married in CT. She cheated on me in NC. She is with the same woman with whom she cheated on me. I am now in a new relationship, too, but this is only because she cheated and left me. Can I sue her? Her lover? Do I have any legal response to this in the state of NC or even CT? Thank you for your thoughts.

Bradley Schulz · Accepted Answer · 2026-06-15T10:38:50+00:00

The answer to your question will take research on the part of an attorney. I am unsure whether our appellate courts have addressed this issue, but I am not encouraged that they would give full faith and credit to this marriage, when you left the State of NC to obtain it, and this type of union is not recognized in this State. There are family law attys in NC that have speicalized in this area, and I would suggest that you obtain a consultation with one who can address your specific questions.

Nathan Sweet · Accepted Answer · 2026-06-15T10:38:50+00:00

Due to the Federal Defense of Marriage Act (DOMA) states do not have to give "full faith and credit" to another state's same sex marriage laws. As previously stated, there is no case law on the matter, but with the passage of Amendment One in North Carolina recently the probability of an Alienation of Affection case or a Criminal Conversation case making it past non-suit is unlikely at best.

What are my legal rights, regarding a cheating spouse in NC, even though our marriage is not recognized in here?

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