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North Carolina is one of a few states which still provide for “heart
balm” tort laws that allow a spouse to sue the person or persons
that alienated his or her affections. Monetary damages are available,
and can include punitive damages for your loss of your spouse’s
income and companionship. These cases are tried in Superior Court in front
of a jury, who will ultimately make the decision as to whether the person
is guilty, and if so, what monetary damages you may be entitled to.
In North Carolina, record damage awards have been made by juries in Alienation
of Affection and Criminal Conversation cases. However, some people choose
to pursue these cases simply for the principal of the matter. Whichever
reason is your motivation, you should seek legal counsel with an attorney
prior to deciding on whether to move forward with filing a lawsuit.
At Miller Bowles Cushing, our Charlotte divorce lawyers both prosecute
and defend clients from a alienation of affection charges. Call us today
at (704) 810-1400 for help.
The elements of alienation of affection that must be proven include a marriage
that had genuine love and affection between the spouses, that was destroyed
and alienated by the acts of the other party, the other person’s
wrongful and malicious conduct was the controlling or effective cause
of the alienation, and damage resulted to the innocent spouse.
Criminal conversation, on the other hand, is a more straightforward claim.
The elements of this claim include the existence of an intact marriage,
and an act of sex between one of the spouses and a third party without
the other spouse’s consent.
Defense From Alienation Accusations
If a lawsuit is filed against you for alleged alienation of affection or
criminal conversation, you should be aware that you may have defenses
that could relieve you of any liability. These defenses include condonation
of the alleged acts by the person suing you, or connivance by the person
suing you. Here at Miller Bowles, we can provide you with an alienation
of affection attorney for your defense.
Call (704) 810-1400 to schedule a consultation with experienced Charlotte
divorce attorneys regarding alienation of affection.
Over 50 Years of Collective Experience Handling Family Law Cases
Devoted to Providing the Highest-Quality Legal Representation to Our Clients
Proud to Provide Top-Notch Legal Service From NC Board Certified Specialists in Family Law
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