Raleigh Alienation of Affection Attorney

Alienation of Affection Lawyer in Raleigh North Carolina

North Carolina is one of the few states that still allows a spouse to sue for alienation of affections and/or criminal conversation. Essentially, North Carolina allows a husband or wife to sue a third party for damages as a result of an emotional or physical affair with their spouse during the course of the marriage. However, the courts will also consider post-separation conduct when determining what if any conduct would constitute an actionable and compensable claim. It is important to note that for the claim of criminal conversation, post-separation conduct itself is grounds for compensation under the tort.

To prevail in a claim for alienation of affection, one would need to be able to show that: (1) plaintiff and his or her spouse were happily married, and genuine love and affection existed between them; (2) the love and affection was alienated and destroyed; and (3) the wrongful and malicious acts of the defendant produced the alienation of affection.

To prevail for a claim of criminal conversation, one would be required to present evidence to show: (1) marriage between the spouses and (2) sexual intercourse between defendant and plaintiff's spouse during the marriage.

Note the distinct differences between the two actions. Criminal conversation only requires a marriage and sexual intercourse. This cause of action will still accrue even if the parties are separated, but waiting for the statutory period of one year to pass before being able to file for divorce. It does not make a difference whether the marriage between the spouses was a happy and loving marriage; it does not matter if the spouse that engaged in the other relationship was abused or mistreated, nor whether or not the other spouse had been unfaithful.

Regardless of the circumstances, extramarital affairs generally result in a difficult and often painful conclusion to a marriage. There are no easy answers. However, in times such as these, it is important to have a strong and knowledgeable legal advocate to help protect your rights and ease your mind. At Hopper Law Firm, that is just what we strive to do. Our Raleigh Family Law Attorneys will do everything in their power to help you through this difficult time by providing you with superior legal and lawyer services.

Contact a Raleigh Family Law Attorney today if you are facing Alienation of Affection in North Carolina.