Charlotte Alienation of Affection Attorney

What Is a Heart Balm Claim in North Carolina?

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 the 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.

Reasons to Consider an Alienation of Affection Claim

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 principle 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.

Need legal assistance? Contact us today at (704) 810-1400 for a consultation with an experienced alienation of affection attorney.

Can You File an Alienation of Affection Lawsuit in North Carolina?

In North Carolina, the state’s law allows an alienation of affection lawsuit to be filed under specific circumstances. While the legal action must involve a third party, the most common situation in which alienation of affection is invoked is when one spouse’s emotional or physical relationship with another person leads to the breakdown of the marital bond. This is often seen in cases involving extramarital affairs, where one spouse alleges that a third party (the “interloper”) was directly responsible for the breakdown of the marriage.

To file an alienation of affection lawsuit, you do not need to prove that your spouse committed adultery. Instead, the focus is on whether the defendant caused the loss of affection in the marriage. However, if adultery is involved, it can strengthen your case by demonstrating that the defendant was directly involved in the disruption of the marital relationship.

It’s important to note that in North Carolina, the defendant in an alienation of affection lawsuit can include any individual, not just the person who had the affair with your spouse. For example, if a friend or relative of your spouse was instrumental in encouraging or manipulating them to act in a way that led to the breakdown of the marriage, they can also be held liable for alienation of affection.

Damages in an Alienation of Affection Lawsuit

If you successfully prove your alienation of affection claim, the court may award damages to compensate for the harm you have suffered. The types of damages available in an alienation of affection lawsuit can include:

• Compensatory Damages: These damages are intended to compensate you for the actual harm caused by the defendant’s interference. This may include emotional distress, loss of companionship, or the impact on your quality of life due to the breakdown of your marriage.
• Punitive Damages: If the defendant’s actions were particularly malicious or intentional, the court may award punitive damages. These damages are intended to punish the defendant for their wrongful conduct and deter similar behavior in the future.
• Legal Fees and Costs: In some cases, the court may award the prevailing party the costs of litigation, including attorney’s fees and court expenses.

The amount of damages awarded will depend on the facts of the case and the extent of the harm caused by the defendant’s actions. Your Charlotte alienation of affection attorney will help you present a compelling case for the appropriate damages.

Requirements for Filing an Alienation of Affection Lawsuit

Filing an alienation of affection lawsuit in North Carolina is a complex legal process that requires meeting specific criteria. The following are the key requirements to understand when considering such a claim:

• Proving Emotional Distress: You must show that the emotional bond between you and your spouse has been damaged due to the involvement of a third party. This typically involves demonstrating how the relationship breakdown has caused distress, such as anxiety, depression, or feelings of betrayal.
• Loss of Companionship: It’s essential to prove that the breakdown in your marriage has resulted in a significant loss of companionship, intimacy, and partnership. This means showing that your relationship with your spouse has suffered irreparably due to the third party’s interference.
• Involvement of a Third Party: The most critical element of an alienation of affection claim is showing that a third party—whether a person who had an affair with your spouse, a family member, or even a close friend—was directly involved in causing the breakdown of your marriage. This can be through actions such as an affair, manipulation, or other forms of interference.

These requirements aim to ensure that the claim is valid and that the plaintiff can prove that the third party’s actions caused actual harm to the marital relationship.

Burden of Proof in Alienation of Affection Cases

To succeed in an alienation of affection lawsuit, the plaintiff has to meet the legal burden of proof. This means gathering sufficient evidence to support the claim. Here’s what is needed:

• Documenting the Breakdown of the Marriage: Evidence such as testimonies from friends, family members, or therapists can help demonstrate how the relationship changed over time due to the third party’s involvement.
• Proving the Third Party’s Actions: You must provide evidence that the third party’s interference directly contributed to the loss of affection. This can include things like:
  • Emails, texts, or other communication showing the third party’s involvement.
  • Testimony about the third party’s actions that led to the marital breakdown.

Emotional and Psychological Impact: Medical records or testimony from mental health professionals showing the emotional harm you have suffered can strengthen your case. The court will look for evidence of significant emotional distress.

Difference Between Alienation of Affection and Criminal Conversation

In North Carolina, there are two distinct torts related to marital misconduct: alienation of affection and criminal conversation. Here’s how they differ:

• Alienation of Affection: This claim focuses on the loss of affection and emotional bond in a marriage caused by the actions of a third party. You do not need to prove adultery to file this claim; instead, you must demonstrate that the third party’s behavior led to the emotional breakdown of the relationship.
• Criminal Conversation: This claim specifically involves adultery. If a spouse has an affair, the other spouse can file a claim for criminal conversation. To win, you must show that your spouse had a sexual relationship with the third party, and this affair caused harm to the marriage.

Both claims can be pursued simultaneously, but they differ in their focus:

• Alienation of affection addresses emotional distress and the loss of companionship.
• Criminal conversation directly targets the act of adultery.

Understanding these differences is crucial because they affect the legal strategies, the evidence required, and the potential damages in each case.

How to Defend 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 
• Connivance by the person suing you

Here at  Miller Cushing Holladay, we can provide you with an alienation of affection attorney for your defense.

Frequently Asked Questions (FAQ) About Alienation of Affection Claims

How much does it cost to file an alienation of affection lawsuit?

• The cost to file an alienation of affection lawsuit can vary depending on the complexity of the case, attorney fees, and court costs. It’s important to discuss the financial aspects with your attorney before proceeding to understand the potential costs and payment arrangements.

Can a spouse be sued for alienation of affection?

• No, the lawsuit is typically filed against a third party who caused the breakdown of the marriage. This means that a person outside the marriage—such as a friend, relative, or affair partner—can be sued, but the spouse who was cheated on cannot be sued under alienation of affection law.

Do I need to have proof of adultery to file for alienation of affection?

• No, you don’t need to prove adultery to file an alienation of affection lawsuit. The focus is on proving that a third party’s actions led to the emotional and relational breakdown of your marriage, even if an affair didn’t occur.

What is the difference between alienation of affection and divorce?

• Alienation of affection is a civil lawsuit against a third party who caused the breakdown of your marriage, while divorce is the legal process of dissolving the marriage. They are separate legal actions but can sometimes be related if the alienation of affection caused the divorce.

Can an alienation of affection claim be filed after a divorce is finalized?

• Yes, you can file an alienation of affection claim even after the divorce is finalized, as long as it is within the statute of limitations (three years in North Carolina). The timing of the divorce does not prevent you from seeking damages for the harm caused by the third party.

What happens if I lose my alienation of affection case?

• If you lose your alienation of affection case, you may not be awarded any damages, and you might be required to pay the defendant's legal costs. However, it is essential to have a strong legal team to help increase your chances of success.

Can I settle an alienation of affection case outside of court?

• Yes, many alienation of affection cases are settled outside of court through negotiation or mediation. A settlement can help you avoid the time, stress, and expense of a trial, but it requires both parties to agree on the terms.

How a Charlotte Alienation of Affection Attorney Can Help?

If you are considering filing an alienation of affection lawsuit in North Carolina, it is essential to consult with a knowledgeable Charlotte alienation of affection attorney. Having the right legal representation can help protect your rights, secure the compensation you deserve, and bring closure to a difficult chapter in your life.

Have questions? Contact us at (704) 810-1400 and speak with our knowledgeable team about your case.