FAQs About Alienation of Affection Cases in North Carolina

Written by Jonathan Breeden

July 29, 2024

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.

What is 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.

1. What Must a Person Filing an Alienation of Affection Lawsuit Prove?

To succeed in an Alienation of Affection lawsuit in North Carolina, the plaintiff must prove three key elements:

  • Genuine Love and Affection Existed in the Marriage: The plaintiff must show that a loving relationship existed between them and their spouse.
  • Love and Affection Were Alienated and Destroyed: The plaintiff must demonstrate that the love and affection in their marriage were damaged or destroyed.
  • The Third Party’s Wrongful and Malicious Acts Caused the Alienation: The plaintiff must prove that the third party’s actions led to the loss of affection and love in the marriage.

2. What Type of Proof is Needed in an Alienation of Affection Case?

Evidence plays a crucial role in these cases:

  • Proof of Genuine Love and Affection: This could include love notes, cards, photographs showing affection, and testimony from friends and family about the nature of the relationship.
  • Proof that Love and Affection Were Destroyed: Evidence such as living in separate bedrooms, discussions about divorce, or actual separation/divorce can show that the affection was destroyed.
  • Proof of the Third Party’s Role: Actions like buying gifts, going on trips, or other behaviors that show the third party actively encouraged the breakdown of the marriage.

3. How Much Money is Typically Awarded in an Alienation of Affection Lawsuit?

The amount awarded in these cases can vary widely:

  • Factors Influencing the Award: The defendant’s financial status and the specific details of the case will play significant roles.
  • Range of Verdicts: Awards can range from zero dollars to millions, depending on the circumstances. It’s important to consider whether the third party has sufficient resources before pursuing a lawsuit.

4. Can Out-of-State Individuals Be Held Liable for Alienation of Affection?

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.

5. What If I Live in Another State and My Spouse Cheated with Someone in North Carolina?

There are a couple of legal avenues to consider:

  • Federal District Court Under Diversity Jurisdiction: If you are from a different state, you can file a lawsuit in federal court, provided you claim at least $75,000 in damages.
  • North Carolina State Court: You can also file directly in a North Carolina state court against the resident third party, but this would subject you to North Carolina’s personal jurisdiction.

6. Does Alienation of Affection Only Apply to Cheating Spouses?

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.

Pursuing an Alienation of Affection Case in North Carolina

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.

Get Help with Your Alienation of Affection Case Now

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.

 
 

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