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“Criminal Conversation” is the cause of action that a spouse brings against the girlfriend or boyfriend of the other spouse for having sexual relations with the other spouse prior to separation.
What Is An Alienation Of Affection Lawsuit?
These two causes of action (Alienation of Affection & Criminal Conversation) are usually brought in the same lawsuit, and there is a right to a jury trial. If a jury determines that a defendant committed either of these torts, it must then determine how much, if any, the plaintiff was economically damaged. These damages may include compensatory damages, designed to compensate the plaintiff for economic losses. They may also include punitive damages, designed to penalize the wrongdoer. In North Carolina, punitive damages cannot exceed three (3) times the amount of compensatory damages or two-hundred-fifty-thousand dollars ($250,000), whichever is greater (See N.C. Gen. Stat. § 1D-25).
Factors that often go into determining whether a lawsuit of this type is appropriate is the net worth of the defendant, the related collectability of any judgment, and the cost to the plaintiff of bringing the lawsuit. The law does not permit a plaintiff to specifically recover legal fees in this type of lawsuit (unlike in other family law claims, such as alimony or child custody), although if a monetary verdict is obtained against the defendant, such funds recovered can help offset the costs of pursuing the lawsuit.
Proof Of Alienation Of Affection In North Carolina
At an Alienation of Affection trial, the plaintiff has to prove three things:
Action Must be Brought Within Three Years Of Last Act
There is a strict time limit within which a claim for Alienation of Affection or Criminal Conversation must be brought. The plaintiff must file such claims within three (3) years from the last wrongful act of the defendant. N.C. Gen. Stat. § 52-13 (b) states as follows:
An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.
How To File An Alienation Of Affection Lawsuit In North Carolina?
If you need to file an Alienation of Affection and/or Criminal Conversation lawsuit or want more information, please contact one of our skilled family law attorneys. Call us at (919) 816-9002 to schedule a consultation or contact us online and we will respond to you soon.
Our firm’s founder Attorney Charles Montgomery has over 40 years of proven, award-winning legal experience.
At Montgomery Family Law, each of our attorneys dedicates 100% of their law practice to family law and divorce.
Two of our attorneys are N.C. Board Certified Family Law Specialists, a certification earned by only 1% of lawyers statewide.
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