Alienation of Affection

Raleigh Alienation of Affection Lawyers

In order to succeed in an action for Alienation of Affection, the innocent spouse must prove that:

• A marriage existed between the plaintiff and his/or her spouse;
• The marriage entailed love and affection between the spouses;
• The love and affection was destroyed;
• The defendant’s malicious conduct contributed to or caused the loss of affection; and
• The plaintiff suffered injury and damages.

Actions for Alienation of Affection are generally brought by the innocent spouse against the affair partner of the guilty spouse and do not require proof of adultery. In fact, telephone calls and emails may be sufficient to subject a non-resident to the jurisdiction of the North Carolina courts for purposes of a suit for Alienation of Affection.

In our Podcast, Jaime Davis discusses the potential impact adultery can have on a family law case, as well as potential claims a spouse may have against the third party for alienation of affection and criminal conversation.