Alienation of Affection LAwyer
Cary Legal Defense for Alienation of Affection & Criminal Conversation
An individual can seek damages in an action for alienation of affection
against a third party who "alienates" the affections of one
spouse from the other spouse. These actions are typically brought by the
innocent spouse against the guilty spouse's alleged lover, but can be
brought against any third party.
For example, if a spouse's in-law advised the other spouse to leave his
or her marriage, the in-law can find him or herself held liable in an
alienation of affections lawsuit. There is a three-year statute of limitations
for alienation of affections claims, which means the innocent spouse must
file his or her claim within three years of the act.
Criminal Conversation
A criminal conversation action allows the filing party to seek damages
for the act of sexual intercourse between the spouse and a third party.
Each act of adultery can give rise to a separate claim for criminal conversation.
In a criminal conversation trial, the innocent spouse has to prove four things:
- That the innocent spouse is legally married to the adulterous spouse.
- That when the act(s) occurred the adulterous spouse was not physically
separated from the innocent spouse.
- That the act(s) of sexual intercourse took place between his or her spouse
and a third party.
- That the adulterous act(s) took place within the three-year statute of
limitations.
What Defense Can Be Used for Alienation of Affection & Criminal Conversation?
Alienation of Affection Defense:
Accusations of alienation of affection can be defended by providing proof
that the acts of the paramour were not the reason for the failure of the
marriage. The defense may try to prove that the marriage was falling apart
by bringing up evidence that the married couple were planning on
getting divorced, sleeping in separate bedrooms, or going long periods of time without
communicating prior to when the relationship between the cheating spouse
and the paramour began.
Criminal Conversation Defense:
So long as the the act(s) can be proved to have occurred prior to the
date of separation, there is only one defense to a charge of criminal conversation - the
plaintiff's consent to or encouragement of the adultery before it actually
took place.
The defending third party cannot use the defense of being seduced, that
there was consent between the affair partners, or ignorance of the spouse
being married. Nor can the defendant claim that that adulterous spouse
was unhappy or being mistreated in the marriage.
What is the Difference Between Alienation of Affection and Criminal Conversation?
An action for alienation of affections does not have to be based on adultery.
This tort is based on the wrongful, malicious acts of a third party with
the intention of destroying a marriage or alienating one spouse's affections
from the other. To be liable for damages, the plaintiff must prove
the third party's wrongful acts caused one spouse to lose affections for
the other spouse.
In these cases, it is possible for the defendant to claim that he or she
did not know that the unfaithful spouse was married or that his or her
actions were never intended to alienate affections within the marriage
as defenses.
Alienation of Affection & Criminal Conversation Laws in North Carolina
The majority of states have abolished or severely curtailed the torts of
alienation of affections and criminal conversation. In North Carolina,
however, these torts are very much "alive and kicking."
- In 2010, a jury in Guilford County ruled that a female paramour had to
pay 9 million dollars in damages to the innocent spouse.
- In 2010, a Pitt Couny Superior Court Judge, presiding over a trial without
a jury, awarded a 5.9 million dollar "bench verdict" to the
innocent spouse.
- In 2011, Wake County Superior Court Judge Carl Fox ordered a 30 million
dollar "bench verdict" in favor of the jilted wife. In this
case the defendant did not appear to defend herself in court.
If you need legal advice on alienation of affection or criminal conversation,
contact our attorneys at (919) 348-2317.
