Written by Jonathan Breeden
Deciding to pursue a divorce can be a difficult decision. But if you feel there’s less love in your marriage or your spouse is alienating you with their behavior, you need to seek a solution.
Pursuing an alienation of affection case can be that solution. But these cases can be tricky. Learn more about divorce in North Carolina involving alienation of affection.
It allows a person to sue a third party for actions that they believe caused the loss of affection in their marriage. Understanding how these cases work can be crucial for anyone considering this legal route.
Alienation of Affection is a unique legal concept that still exists in only a handful of states, including North Carolina. Alienation of Affection is a lawsuit brought by a married or formerly married person who alleges that the actions of a third party deprived them of the love and affection of their spouse.
This common law tort addresses the wrongful acts that lead to the breakdown of a marriage, and North Carolina is one of the few states that still recognizes this claim.
To succeed in an Alienation of Affection lawsuit in North Carolina, the plaintiff must prove three key elements:
Evidence plays a crucial role in these cases:
The amount awarded in these cases can vary widely:
Yes, North Carolina’s “long arm” statute allows the state to exercise jurisdiction over individuals who do not reside in North Carolina if the wrongful acts occurred within the state.
This means that if intimate acts between the married spouse and the third party took place in North Carolina, the third party could potentially be held liable, even if they live out of state.
There are a couple of legal avenues to consider:
Not necessarily. While adultery is the most common scenario, Alienation of Affection can also apply to other situations, such as in-laws or friends who encourage one spouse to leave the other.
Any third party who intentionally interferes with the marriage can potentially be held liable.
To pursue an Alienation of Affection case in North Carolina, start by consulting an experienced family law attorney. They will evaluate your case and guide you through the legal process.
Gathering evidence is crucial; you need to show genuine love and affection in your marriage, that this affection was destroyed, and that the third party’s actions caused the alienation. This evidence can include love notes, photographs, and testimonies, as well as proof of the third party’s involvement.
After filing the lawsuit, your attorney will handle the pre-trial proceedings, including discovery, where both parties exchange information. Many cases settle out of court, but if necessary, your attorney will be prepared to take the case to trial to seek fair compensation for the harm caused.
If you have any questions or believe you have a case for Alienation of Affection, reach out to a qualified family law attorney in North Carolina.
The Breeden Law Office understands how challenging it can be to file for divorce. When your marriage has lost affection or you’ve been alienated, it makes the prospect of divorce that much worse. Our team can help you. Attorney Jonathan Breeden knows that family law matters can be difficult to navigate alone. He won’t let you face this challenge by yourself.
Call (919) 661-4970 or fill out our online form to schedule your case today.