If your spouse had an affair with a resident of North Carolina, and you believe there were intimate acts committed between your spouse and a third party in North Carolina there are two potential avenues you could pursue. The first would be to file an Alienation of Affection lawsuit in the Federal District Court in your state using Diversity Jurisdiction. Diversity jurisdiction is when a federal district court can hear a claim for relief arising under state law because the two parties of the lawsuit are citizens of separate states, and the plaintiff has alleged at least $75,000 in damages. When a federal court is hearing a case under diversity jurisdiction the federal court must apply the applicable state law. The other potential avenue that you could take is to file an Alienation of Affection claim in a North Carolina district court against the person your spouse had an affair with who is a North Carolina resident. By filing in a North Carolina state court, you are consenting to NC exercising personal jurisdiction over you. North Carolina automatically has personal jurisdiction over citizens of their state.