While it may seem that some outdated laws in North Carolina are an Affection of Alienation, it would be wise to understand that they are well and alive.
Likewise, Criminal Conversation is also an intriguing topic.
People sometimes ignore claims of Alienation of Affection, and Criminal Conversation; in fact, on more than one occasion we’ve seen responses that dare, if not invite, litigation. We think that’s a tremendous mistake. However you may feel about the AACC laws in North Carolina, people do sue for interfering with marriages – Bill Powers, Charlotte Family Law Attorney
The legislation behind the fundamentals of this blog post assists in establishing certain aspects of the Alienation of Affection / Criminal Conversation (AACC) lawsuit if you find yourself implicated in any way.
The Powers Law Firm’s attorneys are accessible for consultation if you have any inquiries regarding initiating a potential lawsuit (or protecting yourself in a legal case accusing interference with a marriage), subsequently.
What does Alienation of Affection mean in North Carolina?
Under what lawyers commonly call Common Law, it has traditionally been possible for someone to sue their spouse’s lover if they can prove that the affair led to the breakdown of the marriage.
Estrangement of Feelings in North Carolina.
Claims in North Carolina, for instance, often raise numerous inquiries regarding AACC. Alienation of Affection occurs when a third party interferes with a marriage.
The Law in North Carolina Regarding Alienation of Affection
Chapter 52 of the North Carolina General Statutes sets forth the law on Alienation of Affections and Criminal Conversation.
To establish a claim for alienation of affections, the plaintiff must demonstrate that:.
There was a lawful union between the plaintiff and the spouse.
There was a genuine bond of affection or love between them.
That affection or love was estranged or annihilated; AND.
The defendant’s wrongful and malicious actions resulted in the estrangement of affection or love.
Actions that might be deemed “wrongful” encompass infidelity, illegal conversation, and/or any other intentional disruption of the spousal bond.
If you’ve received a letter from a lawyer, threatening litigation for interfering with a marraige, don’t fire off an angry response or speak about what happened. Lawyer up – Bill Powers, Family Law Attorney in Charlotte
It is important to understand that Alienation of Affection can hold people other than “lovers” liable, while commonly related to sexual encounters and/or romantic relationships involving a cheating spouse.
For instance, in North Carolina, a meddlesome “in-law” can potentially be liable to civil lawsuits under the NC affection law.
What are the potential harms for a claim of Alienation of Affections in North Carolina?
In North Carolina, the general rule is that AACC plaintiffs can recover both economic and non-economic damages for interfering with a loving marriage.
Financial losses are those that compensate a plaintiff for monetary damages associated with the disruption of the marriage. These may include:
For instance, non-physical injuries that individuals seek compensation for cannot be quantified in terms of cents and dollars; these damages are intangible.
In certain situations, there may also be a possibility of receiving compensatory damages.
Punitive damages are designed to punish a defendant, particularly for their egregious behavior, and serve as a deterrent for others who might be tempted to engage in similar conduct.
What sets Alienation of Affections apart from Criminal Conversation?
Criminal conversation is very similar to alienation of affections.
The main distinction lies in the fact that an affection lawsuit, regardless of its sexual nature, can involve any wrongful or malicious intrusion into a marriage. On the other hand, criminal conversation specifically pertains to sexual intercourse between a spouse and a third party.
Illicit Affair in North Carolina.
Most states did not allow adultery as a reason for divorce, unlike North Carolina, where wrongful conduct claims were created at some point in time.
Partners who had been betrayed by an unfaithful spouse and their romantic partner had a legal option at their disposal, which was known as an affection claim.
With the introduction of no-fault divorce, the occurrence of criminal conversation/affection claims has significantly decreased. Only a handful of states still acknowledge cases of affection that lawyers may label as “heart balm.”
Nevertheless, Alienation of Affection lawsuits continue to be valid in North Carolina and can be filed under specific conditions.
If you think you may have a claim for alienation of affections or criminal conversation, you should contact an experienced family law attorney to discuss your case.
Do all Divorce Attorneys manage cases involving Alienation of Affection?
In a legal dispute, only a handful of family law/divorce attorneys in North Carolina are willing to act as legal representatives when a claim for Alienation of affection is still enforceable according to NC legislation.
Looking for a Charlotte Divorce Attorney?
There are multiple factors contributing to this.
Some divorce lawyers personally disagree with the cause of action. Other attorneys do not have jury trial experience.
Alienation of affection lawsuits are frequently filed in Superior Court in North Carolina. Divorces in NC are typically handled by a family court judge in District Court.
The cause of action in an affection lawsuit is in some ways fundamentally different than issues involving Equitable Distribution, child custody, and support – Bill Powers, Charlotte Divorce Lawyer
Our legal practice assists individuals with cases involving Alienation of Affections, both in initiating legal proceedings and providing defense.
We do not limit ourselves to territorial restrictions, meaning that while we are a Charlotte-based family law firm, we will help people in travel circumstances that are appropriate.
Some law firms or attorneys may prefer working with clients from a different jurisdiction or judicial district, especially when dealing with sensitive cases of a somewhat sensitive nature.
Our law license says ‘North Carolina’ on it and isn’t limited to Mecklenburg County. In fact, when it comes to AACC claims, historically we’ve served more people from surrounding counties in smaller towns. When we think we can help people, we will travel – Bill Powers, Alienation of Affections Lawyer
Is sexual intercourse necessary?
A lawsuit for Alienation of Affection does not necessitate evidence of sexual intercourse or sexual behavior. Likewise, a divorce is not obligatory.
The plaintiff need only prove their spouse’s affections were materially affected due to the adulterous spouse’s lover and his or her actions.
Affection legal cases can utilize evidence of such conduct to demonstrate why or in what manner a spouse’s emotions were significantly damaged.