North Carolina Alienation of Affection Lawyers

North Carolina is one of the few states that still recognizes alienation of affection as a civil claim. A spouse may bring an alienation of affection lawsuit against a third party who allegedly caused the loss or serious reduction of love and affection within the marriage.

These cases can involve complicated questions about the history of the marriage, the third party's conduct, and the circumstances surrounding the breakdown of the relationship. Ward Family Law Group represents spouses who believe they have a claim as well as individuals who have been accused of interfering with another person's marriage.

Our North Carolina alienation of affection lawyers can help you understand whether your circumstances may support a claim, what evidence may be relevant, and what legal options may be available. Reach out today to schedule a consultation and tell us about your case.

Understanding Alienation of Affection

Alienation of Affection and Criminal Conversation are “tort” claims, or civil wrongdoings, wherein a spouse alleges that a third party is responsible for the destruction of his/her marriage. The premise is that the third party’s actions have deprived a married person of the love, affection, sexual relationship, society, companionship of his/her spouse. These torts have been abolished in all but a handful of states. However, North Carolina recognizes both torts, and it is estimated that over 200 alienation claims are filed in North Carolina courts each year.

While all of those claims ultimately don’t result in trials or money judgments, million-dollar verdicts have been reported.

Therefore, it's important that you understand what the law is on alienation of affection and criminal conversation and consult with an attorney about your specific situation whether you believe you have a claim against a third party or if you believe you may be at risk for being sued for alienation of affection and criminal conversation.

Speak With a Family Lawyer

Why Choose Ward Family Law Group for an Alienation of Affection Claim?

Alienation of affection cases require an understanding of North Carolina family law as well as the civil claims that can arise when a third party becomes involved in a marriage. The attorneys at Ward Family Law Group have focused their practice on family law and divorce since 2000.

Our attorneys also bring significant experience with family law litigation and dispute resolution. Ryan M. Tarrant, for example, is certified by the North Carolina State Bar as a Family Law Specialist and has devoted his entire legal career to family law. He has extensive trial experience and also represents clients through negotiation, mediation, and arbitration. Ryan has been recognized as a North Carolina Super Lawyers Rising Star since 2017 and has been listed in The Best Lawyers in America for Family Law since 2018.

Ward Family Law Group approaches each matter based on the facts and circumstances involved. Whether you are considering bringing a claim or responding to one, our North Carolina family law attorneys can help you understand the legal requirements and develop an appropriate strategy.

Alienation of Affection Matters We Handle

Ward Family Law Group represents clients in a range of matters involving alienation of affection and related claims.

Alienation of Affection Claims: Our attorneys represent spouses who believe a third party wrongfully interfered with their marriage and caused the loss of marital love and affection.
Defense of Alienation of Affection Claims: We represent individuals who have been accused of causing the breakdown of another person's marriage and help them understand their legal rights and potential defenses.
Criminal Conversation Claims: Our attorneys represent clients in criminal conversation claims involving allegations that a third party had sexual intercourse with another person's spouse while the couple was still married and before separation.
Damages Claims: We help clients understand the types of damages that may be available when an alienation of affection or criminal conversation claim is established.
Settlement and Litigation: We help clients evaluate whether negotiation, settlement, or litigation is appropriate based on the circumstances of their case.

What Do You Have to Prove in an Alienation of Affection Case?

A plaintiff generally must establish three essential elements to succeed in an alienation of affection claim.

A Genuine Marital Relationship Existed

The plaintiff must show that a genuine marital relationship existed and that some degree of love and affection existed between the spouses. A marriage does not have to be perfect or free from disagreements to satisfy this requirement.

The Marital Affection Was Alienated

The plaintiff must show that the love and affection between the spouses was seriously diminished or destroyed. Evidence about the condition of the marriage before and after the alleged interference can be important to this part of the claim.

The Third Party's Wrongful Conduct Caused the Alienation

The plaintiff must establish that the defendant's wrongful and malicious conduct was a controlling or effective cause of the loss of marital affection. The defendant's conduct does not have to be the only cause of the marital breakdown, but it must have played the required causal role.

Does Adultery Automatically Prove Alienation of Affection?

Adultery alone does not automatically establish an alienation of affection claim. A plaintiff must still prove the required elements of the claim, including the existence of genuine marital affection and the connection between the third party's wrongful conduct and the loss of that affection.

The circumstances of the marriage before the alleged interference can therefore matter. A court or jury may consider whether the marital relationship involved genuine love and affection and whether the defendant's conduct caused the subsequent loss or serious reduction of that affection.

Ward Family Law Group can help you evaluate the facts surrounding your situation and determine whether they may support an alienation of affection claim.

How Much Can You Recover in an Alienation of Affection Lawsuit?

The amount of damages in an alienation of affection case depends on the facts and evidence presented. North Carolina law allows for several types of damages when a plaintiff establishes liability.

Nominal damages may recognize a legal injury even when the plaintiff cannot establish a substantial monetary loss.
Compensatory damages may account for actual harm resulting from the defendant's conduct. Depending on the evidence, a jury may consider losses involving companionship, affection, society, support, mental anguish, humiliation, health, feelings, or reputation.
Punitive damages may be available in cases involving sufficiently egregious conduct. These damages are intended to punish wrongful conduct and deter similar behavior.

A large verdict is not guaranteed in an alienation of affection case. The value of a claim depends on the specific circumstances and the evidence supporting the alleged harm.

Can You File an Alienation of Affection Claim After Divorce?

The timing of an alienation of affection claim matters. North Carolina General Statute § 52-13 provides that conduct occurring after spouses physically separate with the intent that the separation remain permanent cannot form the basis for an alienation of affection or criminal conversation claim. The statute also generally requires an action to be filed within three years of the defendant's last act giving rise to the claim.

Because these rules can affect whether a claim remains available, you should consider speaking with an attorney promptly if you believe someone interfered with your marriage or if you have been accused of doing so.

Is Alienation of Affection Still Legal in North Carolina?

Yes. North Carolina continues to recognize alienation of affection as a civil cause of action.

The North Carolina General Assembly specifically recognized the common-law cause of action in legislation addressing alienation of affection and criminal conversation.

North Carolina is one of a small number of states where these claims remain available. The unusual nature of the claim makes it particularly important to understand the specific legal requirements before deciding whether to pursue or defend against one.

What Should You Do If You Are Considering an Alienation of Affection Claim?

If you believe a third party interfered with your marriage, you should preserve information that may be relevant to your potential claim. Messages, emails, photographs, social media activity, and other communications may help establish the history of the marriage or the circumstances surrounding the alleged interference.

You should also document important dates and events, including changes in the marital relationship, the third party's involvement, and the date of physical separation.

You should avoid deleting potentially relevant information or taking action against the third party before discussing your circumstances with an attorney. North Carolina law places important limits on the timing of these claims, so obtaining legal guidance early can help you understand your options.

What Should You Do If Someone Accuses You of Alienation of Affection?

If someone threatens or files an alienation of affection claim against you, you should take the allegation seriously. You should preserve relevant communications and other information and avoid deleting or altering potentially important evidence.

You should also consider speaking with an attorney before responding to the allegations or contacting the person bringing the claim. An attorney can review the circumstances and help you understand whether the legal requirements for an alienation of affection or criminal conversation claim may be satisfied.

Our team at Ward Family Law Group represents individuals defending against these claims as well as spouses pursuing them.

Contact Our North Carolina Family Law Firm Today

Alienation of affection claims involve specific legal requirements, important timing considerations, and evidence that can be highly dependent on the circumstances of the marriage. Whether you believe you have a claim or have been accused of interfering with someone else's marriage, an attorney can help you understand your legal options.

Ward Family Law Group has focused on family law and divorce since 2000. Our attorneys represent clients throughout North Carolina in family law matters involving divorce, support, property, and other disputes that may intersect with an alienation of affection claim.

Contact Ward Family Law Group to schedule a consultation with a North Carolina alienation of affection lawyer.