American Idol's third-season winner, Fantasia Barrino, has been named as the other woman in a complaint filed in Charlotte, NC District Court. In the suit, which was filed by Paula Cook, Barrino is accused of "illicit sexual activity" with Ms. Cook's husband, Antwaun. Among other claims, Ms. Cook blames Ms. Barrino for causing her marriage to Mr. Cook to disintegrate.
Although Ms. Barrino isn't being sued herself, Ms. Barrino's alleged affair may end up costing her dearly; North Carolina is one of seven states that allow wronged spouses to sue the other party for Alienation of Affections and Criminal Conversation. Although Ms. Cook's allegations would give her basis for filing a complaint for Alienation of Affections and Criminal Conversation against Ms. Barrino, the two are significantly different torts.
A suit for Alienation of Affections need not be against an adulterous spouse's lover, although most are. Occasionally, a deserted spouse goes after family members, clergy, counselors, and friends - anyone who the wronged party believes counseled or encouraged the spouse to separate and eventually divorce.
Unlike Alienation of Affections, Criminal Conversation specifically relates to extramarital sexual relations, and there isn't a requirement that the spouse's lover had to have encouraged a separation or divorce beforehand. Since October 2009, North Carolina has required that all Criminal Conversation actions must allege the conduct occurred prior to the parties' separation.
The Law Offices of David Sheehan can help you if you're thinking about divorce and another party has interfered with your marriage -- either by encouraging separation or having an affair. Contact us today.
