Jane Doe v. Jennifer "Jo" Cobb

Lexington, North Carolina, personal injury lawyer represented the Plaintiff on an alienation of affections of theory.

Jane Doe, the wife on a man who had an affair with Jennifer "Jo" Cobb, age 53, deliberately seduced, enticed, and alienated the affections" of her husband for several months, leading up to the couple's separation in January 2021.

Alienation of affection is a civil lawsuit in North Carolina that allows a deserted spouse to sue a third party for intentionally destroying the love and affection in a marriage. North Carolina is one of only a handful of states that still recognizes this common-law tort.

Core Elements to Prove

To win an alienation of affection claim, the plaintiff must prove three main things by the greater weight of the evidence:

• Genuine Love and Affection: The marriage had real love and affection existing between the spouses before the third party interfered.

• Destruction of the Marriage: That love and affection was severely diminished or completely destroyed.

• Controlling Cause: The defendant's wrongful or malicious acts were the direct and controlling cause of the loss of affection.

Key Legal Facts

• No Sex Required: Sexual intercourse is not a legal requirement for alienation of affection (though it is required for a separate claim often filed alongside it, called "criminal conversation").

• Who Can Be Sued: The suit is filed against a third party—such as a paramour, lover, friend, or even an in-law—not against the unfaithful spouse.

• The Separation Rule: Under North Carolina law (N.C. Gen. Stat. § 52-13), a lawsuit cannot be brought for actions that happen after the spouses have permanently physically separated.

• Statute of Limitations: You must file the lawsuit within three years of the third party's last actionable conduct.

• Damages: Successful plaintiffs can be awarded substantial compensatory and punitive damages, sometimes totaling millions of dollars.

Plaintiff's verdict for $850,000.