Alienation Of Affection And Criminal Conversation

You Can Hold a Third Party Liable for Causing the End of Your Marriage

Under North Carolina law, a spouse has the right to expect that third parties will respect the fact of marriage and not try to entice or induce a married person to engage in adultery or leave the marriage. When a third party successfully causes a spouse to leave a marriage, the other spouse may sue for damages.

Bringing a lawsuit against a third party for the breakup of a marriage is a complex matter that is best handled by experienced divorce lawyers. At Billick Family Law, we have experience with these cases. We can answer your questions about alienation of affection and criminal conversation laws.

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Bringing a Lawsuit for Damages

Claims of alienation of affection or criminal conversation can be brought against third parties by the innocent spouse to recover money damages for the breakup of the marriage. A claim of alienation of affection may be brought against a mistress, boyfriend, in-law or third party responsible for causing one spouse to leave a marriage. To prove this claim, you must provide evidence of the third party's actions such as e-mail messages, social media communications or witnesses who can corroborate your claim. Evidence of a spouse's romantic/sexual involvement with a third party or of an in-law's outright hostility toward you can also be admitted.

A third party who is having a sexual affair with a married person can be sued for criminal conversation. Criminal conversation is the legal term in North Carolina for having sexual intercourse with someone who is married. In these cases, the innocent spouse must prove that the sexual acts took place while the couple was still married and not separated. There is a three-year statute of limitations for bringing this suit.

Contact Our Attorneys Regarding North Carolina Divorce and Criminal Conversation

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