Lawsuit accuses NC Speaker Tim Moore of adultery. What proof is needed to back it up?
The validity of a lawsuit against one of North Carolina’s top Republican leaders, House Speaker Tim Moore, claiming he had a years-long affair with a married woman, will hinge on evidence, timelines and more.
Scott Lassiter, a former Apex council member, sued Moore on Sunday seeking more than $25,000 in damages for his alleged extramarital involvement with Lassiter’s estranged wife, Jamie Liles Lassiter, the executive director of the N.C. Conference of Clerks of Superior Court.
Among other claims, the suit accuses Moore of “alienation of affection,” under a law that allows jilted spouses to sue people for wrecking marriages.
North Carolina is one of a small number of states that still has these provisions on the books despite attempts to repeal the state law, which originated when men still considered women as property, in the 1850s.
In 2017, Democrats sponsored legislation to abolish the law, but as they were the minority party, they failed. In 2009, the state, under Democratic control, made small changes narrowing when someone can take action against their spouse and another person for adultery, as previously reported by The News & Observer.
For alienation of affection cases to work out, certain parameters need to be met and proof provided, making the timelines, information and more posited in this case important.
What is Speaker Moore accused of in lawsuit?
Scott Lassiter alleges that from 2019 to beyond Jan. 11, 2023, Moore “aggressively pursued a sexual relationship” with Liles Lassiter, despite knowledge of their marriage. The Lassiters’ relationship ended due to his estranged wife not being able to leave Moore for fear of retaliation, he claims.
Moore, through his spokesperson, Demi Dowdy, called it “a baseless lawsuit from a troubled individual.”
Liles Lassiter is not a defendant to the lawsuit. In a statement through her attorney, she called it an “outrageous and defamatory suit. The claims are not only false but impossible as we’ve been separated with a signed separation document for years.”
“To be clear, I’m a strong professional woman, and the only person who has ever abused me or threatened my career was my soon to be ex-husband. Our marriage was a nightmare, and since I left him it has gotten worse. We are reaching the end of our divorce process and this is how he’s lashing out.”
When can someone file for alienation of affection?
The diverging information on the separation may be important for this case. While Scott Lassiter says they separated around Jan. 11, 2023, Liles Lassiter says they’d been separated for years with a signed separation documentation.
Alienation of affection cases can be filed within three years from when the last perceived wrongdoing took place. A case cannot be filed based on actions that occurred “after the plaintiff and the plaintiff’s spouse physically separate with the intent of either the plaintiff or plaintiff’s spouse that the physical separation remain permanent,” says state law.
This means that the timing of a separation can affect the result of a case, as it casts doubt on whether the outside party was the cause of the end of the relationship. Still, this does not mean a case can’t proceed, said David Simmons, senior attorney with Sonoma Law, a Charlotte-based family law practice.
Alicia Jurney, Lassiter’s attorney, wrote that the Lassiters “separated on January 11, 2023. No separation agreement has been signed.”
“The Lassiters are in the early stages of settlement negotiations about division of their marital property, and each party is represented by an experienced family lawyer. In the Lassiters’ domestic case, there has never been a dispute about the date of separation,” Jurney told The News & Observer.
Liles Lassiter could not be reached for comment beyond her lawyer’s statement Monday or by early afternoon Tuesday.
“If there’s a separation agreement that was signed two years ago, it might not mean that at the time the plaintiff and the plaintiff’s wife executed that separation agreement, the plaintiff was actually aware of the affair. Perhaps so, but perhaps not,” Simmons said.
What constitutes a ‘legal’ separation?
It’s unclear what type of arrangement the Lassiters have.
In North Carolina, to be considered legally separated, “you need to be living in different homes, and at least one of you needs to intend that the separation be permanent,” according to the state’s judicial branch website. You do not need a separation agreement or other legal document to be considered legally separated.
Still, spouses can file a separation agreement, a signed contract usually arranged by an attorney, or get a divorce. One can only get an “absolute divorce” after being separated for at least a year and a day from their former partner, according to the judicial branch.
According to the state’s voter registration website, both Lassiters are registered at the same address and have voted recently.
What does the person filing an alienation of affection lawsuit need to prove to win?
They must prove three things, according to Simmons:
A marriage involving love and affection existed.
The love and affection was alienated and destroyed.
The love was destroyed because of the acts of the third party.
To prove these factors, a plaintiff would need to have evidence showing, for example, that they spent time together and did things a normal couple would do. This could be testimonies, pictures and other evidence.
Often, “if you’re the plaintiff, and you’re bringing this alienation of affection lawsuit, it’s pretty easy to show that your marriage has been destroyed because they’re usually not with their spouse anymore,” having signed a separation agreement or finalized a divorce, Simmons said.
“With respect to that, love and affection being destroyed by the acts of the third party: I’ll tell you, a lot of times that’s where the fight is. So you may say, ‘Yeah, we had love and affection during our marriage. Yes, the love and affection was destroyed.’
“But you will have the defendant coming in saying, ‘It wasn’t my fault. There were other things happening in that marriage that caused it to be destroyed by some act that you did,’” Simmons said.
What are the next steps in this case?
There will be a discovery phase to investigate whether an affair actually occurred. This entails looking at phone records, credit card statements and more.
Afterwards, depositions are typically taken and parties file competing motions on whether the case will go to trial, Simmons said.
But If the case makes it to a jury, “it would be a difficult time getting jurors who have not heard about this” high profile case, Simmons said.
This story was originally published June 20, 2023 at 3:08 PM with the headline "Lawsuit accuses NC Speaker Tim Moore of adultery. What proof is needed to back it up?."
