Blog Layout
Alienation of Affection | Allan Brandon Tise, PLLC, Attorney at Law
websitebuilder • Oct 02, 2020
Where there has been adultery during the marriage and prior to separation, the aggrieved party also may have the option to file a lawsuit against the third party involved through a tort called
alienation of affection
.
If you seek damages for alienation of affection, you will want to gain a basic understanding of how the law defines this type of lawsuit, how to proceed, and what you may need to do to win your case. Take a look at the answers to four important questions on the subject.
1. What Does Alienation of Affection Mean?
Alienation of affection describes the actions of an individual that result in loss of affection from your spouse. Individuals who have suffered in this manner may bring the suit against the offending third party for money damages. Not all alienation of affection lawsuits involve a romantic paramour as the third party. Technically, you could sue your spouse's family member, clergyman, therapist, or any other person who negatively influenced your spouse's feelings about you or your marriage and caused an alienation. However, this type of alienation of affection lawsuit is very rare.
2. What Does North Carolina Law Say About Alienation of Affection?
Although most U.S. states have abolished alienation of affection as grounds for lawsuits, North Carolina remains one of the few states that still recognizes this type of tort. In fact, North Carolina sees more alienation of affection cases than any other state, with an average of 200 such lawsuits filed each year.
The state has imposed certain limits on alienation of affection and criminal conversation torts. You cannot file alienation of affection if the accused party's actions occurred following a permanent physical separation. You can only sue a natural person, not a legal entity, and must file your lawsuit no more than three years after date of discovery of the affair.
3. How Does Alienation of Affection Differ From Criminal Conversation?
Criminal conversation is an archaic term referring to sexual intercourse occurring between a spouse and a third party, prior to the date of separation and without the consent or connivance of the other spouse.
North Carolina continues to recognize the validity and constitutionality of criminal conversation torts. However, a lawsuit based on criminal conversation must adhere to the same state-imposed processes and limitations as alienation of affection lawsuits.
4. What Do You Need to Establish in an Alienation of Affection Case?
An alienation of affection case involves more than simply an accusation of adultery or toxic influence on a marriage. You must establish that you had a loving marriage before the action occurred, that the action alienated affection, that the third party caused the alienation, and that you sustained damages as a result . Your attorney's assembly and presentation of specific evidence can help to reinforce your case. Supporting evidence for the former strength of your marriage might include the length of the marriage, the presence of children, and various pictures and written documents demonstrating a marriage which had genuine love and affection.
The timing of the third party's actions may also support your case if they coincide with the downturn and end of your cohabitation and/or marriage. Your attorney may point out obvious attempts to deceive you under the guise of friendship, evidence of romantic encounters in your home, or the transfer of personal possessions to the third party. Your attorney can help you determine what kind and amount of damages you should request in your lawsuit. These damages may include compensation for mental anguish, loss of financial support, injury to health, humiliation, and loss of consortium. You might also have grounds to request punitive damages.
Allan Brandon Tise, PLLC, Attorney at Law can counsel you on your alienation of affections case and help you present your lawsuit as effectively as possible. Contact our office today to request legal assistance.
If you seek damages for alienation of affection, you will want to gain a basic understanding of how the law defines this type of lawsuit, how to proceed, and what you may need to do to win your case. Take a look at the answers to four important questions on the subject.
1. What Does Alienation of Affection Mean?
Alienation of affection describes the actions of an individual that result in loss of affection from your spouse. Individuals who have suffered in this manner may bring the suit against the offending third party for money damages. Not all alienation of affection lawsuits involve a romantic paramour as the third party. Technically, you could sue your spouse's family member, clergyman, therapist, or any other person who negatively influenced your spouse's feelings about you or your marriage and caused an alienation. However, this type of alienation of affection lawsuit is very rare.
2. What Does North Carolina Law Say About Alienation of Affection?
Although most U.S. states have abolished alienation of affection as grounds for lawsuits, North Carolina remains one of the few states that still recognizes this type of tort. In fact, North Carolina sees more alienation of affection cases than any other state, with an average of 200 such lawsuits filed each year.
The state has imposed certain limits on alienation of affection and criminal conversation torts. You cannot file alienation of affection if the accused party's actions occurred following a permanent physical separation. You can only sue a natural person, not a legal entity, and must file your lawsuit no more than three years after date of discovery of the affair.
3. How Does Alienation of Affection Differ From Criminal Conversation?
Criminal conversation is an archaic term referring to sexual intercourse occurring between a spouse and a third party, prior to the date of separation and without the consent or connivance of the other spouse.
North Carolina continues to recognize the validity and constitutionality of criminal conversation torts. However, a lawsuit based on criminal conversation must adhere to the same state-imposed processes and limitations as alienation of affection lawsuits.
4. What Do You Need to Establish in an Alienation of Affection Case?
An alienation of affection case involves more than simply an accusation of adultery or toxic influence on a marriage. You must establish that you had a loving marriage before the action occurred, that the action alienated affection, that the third party caused the alienation, and that you sustained damages as a result . Your attorney's assembly and presentation of specific evidence can help to reinforce your case. Supporting evidence for the former strength of your marriage might include the length of the marriage, the presence of children, and various pictures and written documents demonstrating a marriage which had genuine love and affection.
The timing of the third party's actions may also support your case if they coincide with the downturn and end of your cohabitation and/or marriage. Your attorney may point out obvious attempts to deceive you under the guise of friendship, evidence of romantic encounters in your home, or the transfer of personal possessions to the third party. Your attorney can help you determine what kind and amount of damages you should request in your lawsuit. These damages may include compensation for mental anguish, loss of financial support, injury to health, humiliation, and loss of consortium. You might also have grounds to request punitive damages.
Allan Brandon Tise, PLLC, Attorney at Law can counsel you on your alienation of affections case and help you present your lawsuit as effectively as possible. Contact our office today to request legal assistance.
What is alienation of affection in North Carolina? Discover more about this specific type of lawsuit so you can know how to handle this type of situation.
Are you wondering if separation or divorce is the right path for you? Learn more about these options so you can make the best decision for your situation.
Allan Brandon Tise is your trusted child custody attorney serving those undergoing or beginning a child custody battle in Wrightsville Beach, NC. Call now.
This blog discusses six subtle signs you should look out for to protect your emotional well-being and seek necessary legal help for divorce. Read on.
Take a look at what you need to know about primary legal custody in North Carolina and some of the top reasons why a parent might want to go this route.
Alimony provides financial assistance to the lower-earning spouse to help them maintain their standard of living. Explore the various types of alimony.
When courts determine custody of children, they examine many factors. Read about the factors determining child custody in this blog.
Alimony negotiation is one of the toughest parts of divorce proceedings. As the supporting spouse in alimony negotiations, you may have difficulty accepting that you must support your spouse financially, in the future, even though you are no longer married. If you are not careful, the mental and emotional pressure of alimony negotiations may lead you to make mistakes that affect your financial future. To help you avoid jeopardizing your finances, read on to learn about four mistakes you should avoid during alimony negotiations.
If a narcissistic spouse is making your divorce even more of an ordeal, learn about three strategies you can use to stay calm and get through it.
If you've ever experienced an abusive marriage, you know how scary and difficult it can be to try to get out of that situation. Learn how a lawyer can help.
Phone: 910-251-9614 | Email: brandon@tisefamilylaw.com | Address: 130 N Front St., Suite 201 Wilmington, NC 28401
Areas we serve: Wilmington, Carolina Beach, Kure Beach, Wrightsville Beach, Hampstead, Burgaw, Surf City, Landfall, Porters Neck and Wrightsboro
