Charlotte Alienation of Affection Attorney

In North Carolina, one of the more unique aspects of family law is the tort of alienation of affection. This legal claim allows one spouse to seek damages from a third party who has wrongfully interfered with their marriage by causing the loss of affection and love between spouses.

If you are considering filing an alienation of affection lawsuit in North Carolina, it’s crucial to have an experienced Charlotte alienation of affection attorney by your side. The process can be emotionally taxing and legally complicated, and having skilled legal representation can make a significant difference in the outcome of your case.

At Miller Cushing Holladay, our lawyers both prosecute and defend clients from alienation of affection charges. Call us at (704) 810-1400 or contact us online for help.

What is a Heart Balm Claim in North Carolina?

North Carolina is one of a few states that 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.

In an alienation of affection case, the suing spouse must prove that:

1. A valid marriage existed: The claimant must be married to the person who has allegedly been alienated.
2. Love and affection existed between the spouses: There must have been a genuine emotional connection and affection in the marriage before it was disrupted.
3. The defendant (third party) wrongfully interfered with the marriage: The third party's actions, such as an affair, coercion, or manipulation, must have caused the loss of affection between the spouses.
4. Damages were suffered: The suing spouse must show that they have experienced harm as a result of the loss of affection. This could include emotional distress, loss of companionship, or financial damages due to the breakdown of the marriage.

The alienation of affection claim is based on the principle that a third party should not interfere with the marital relationship. If a third party's actions cause harm to the marriage, the spouse who has been wronged can seek damages for the harm caused.

What is Criminal Conversation?

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.

What are the Reasons Someone May Choose to Pursue 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.

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.

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.

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.

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.

Call (704) 810-1400 or reach out online to schedule a consultation with experienced attorneys regarding alienation of affection.