Paula Cook filed for divorce from Antwaun Cook in Mecklenburg County, North Carolina last week. Nothing particularly headline-worthy about the case at first glance. Paula and Antwaun, who works at a local T-Mobile store, separated in June, according to the court do documents. Paula is seeking child custody, alimony and other monetary support.

What makes the case interesting are the allegations contained in the court documents. Paula Cook details an alleged adulterous relationship between her husband and 2004 American Idol winner Fantasia Barrino, who lives near the Charlotte T-Mobile store where Antwaun Cook is employed.

The documents allege Antwaun Cook began the affair with Barrino in August 2009 after they met at Antwaun’s store. Barrino was soon flying Antwaun to Atlanta, Miami, New York, Los Angeles, and Barbados, the documents allege. Paula also alleges that the duo videotaped “their illicit sexual activity.”

A month after Paula Cook separated from her husband, Barrino is alleged to have interrupted a phone conversation between the estranged couple, telling Cook, “He don’t want you. Maybe the next time you get a husband you’ll know how to keep him. That’s why he is here with me,” according to the documents.

Tabloids and gossip sites first reported a possible relationship between Barrino and Antwaun Cook as early as November 2009.

According to the court documents, Antwaun became more and more withdrawn from the marriage as a result of the affair, telling his wife that his late nights and other absences were work-related.

Through a representative, Barrino has denied responsibility for the deterioration of the Cooks’ marriage.

The level of detail in Paula Cook’s filing is unusual for a divorce petition, even in North Carolina where adultery can trigger a requirement to pay alimony. There is some speculation that Paula Cook may file a civil lawsuit against Barrino for alienation of affection (or criminal conversation).

Most states (43 states and the District of Columbia) have now abolished the alienation of affection cause of action – but North Carolina has not. In fact, more than 200 alienation actions are filed in an average year in North Carolina.

To succeed on an alienation claim, the plaintiff has to show that (1)  love existed in some form between the spouses; (2) the spousal love was alienated and destroyed; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. It is not necessary to show that the defendant set out to destroy the marital relationship, but only that he or she intentionally engaged in acts which would foreseeably impact the marriage.

Prior marital problems do not establish a defense unless such unhappiness had reached a level of negating love between the spouses. Note that no sexual contact is necessary to prove an alienation claim.

North Carolina also allows a claim for criminal conversation. Criminal conversation requires the plaintiff to prove (1) an act of intercourse and (2) the existence of a valid marriage between the plaintiff and the adulterous spouse. The only obvious defense to a claim for criminal conversation is that the plaintiff and his/her spouse were separated and intended for their separation to be permanent.

There have been several alienation/criminal conversation verdicts in North Carolina in the past ten years exceeding $1 million. It is, though, yet to be seen if Paula Cook intends to bring such a suit against Barrino.

Library topics: divorce, North Carolina family law, adultery, alienation of affection