Alienation of Affection / Criminal Conversation

Alienation of Affection and Criminal Conversation are causes of action related to interference with the marital relationship. Often referred to as heart balm torts, they do offer a form of redress for a wronged spouse. North Carolina is one of the few states who still recognize these claims. Alienation of Affection deals with the purposeful interference and destruction of the love and affection in an existing happy marriage causing the end of that marriage. This claim is often used when there is an affair, or even an attempted affair that actually destroys a good marriage. The claim may even be maintained against an individual with no love interest, but who just works hard to destroy and “alienate” the affection of the other spouse (picture the evil in-law or bad influence “friend”). It is a civil claim and usually filed in Superior Court and most people often seek a large monetary award.

Criminal Conversation is a cause of action based on the actual sexual activity with the spouse of another. In other words, sleeping with another spouse is a violation of civil law and you can be sued for it. Again, this is a claim usually made in Superior Court with the Plaintiff asking for a large monetary award. The issues involved are complicated and require the consultation of an attorney familiar with these claims. We have experience handling such claims.

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