Alienation of Affection Laws in North Carolina

Alienation of affection is an action that can be brought by a deserted spouse against a third party, for allegedly breaking up a marriage.  In most cases, the defendant in an alienation of affections law suit is the adulterous spouse's lover, however family members, therapists and members of the clergy who have advised a spouse to get a divorce have also been sued for alienation of affections in the past.

Alienation of affections was first enacted in 1864 by the New York State legislature, and at the time, similar legislation existed in many U.S. states in the early 19^th and 20^th centuries. However, this tort has been abolished since 1935 in 42 states. Alienation of affections tort law is still recognized in Hawaii, Illinois, North Carolina, New Mexico, Mississippi, South Dakota and Utah. In order for a plaintiff to pursue an alienation of affections suit, they do not have to prove that extramarital sex took place. In order for the plaintiff to succeed at their claim they must prove:

• There was some extent of love in the marriage.
• The love between the spouses was alienated and destroyed.
• The defendant's malicious conduct contributed to or caused the loss of affection. It isn't necessary to show that the defendant intentionally set out to destroy the marriage, only that he or she engaged in activity that would harm or negatively impact the marriage.

Alienation of Affection in North Carolina

Alienation of affection law suits are still pursued on a regular basis in North Carolina with approximately 200 lawsuits filed each year. North Carolina courts have awarded large sums in recent years where awards were well over the one million dollar threshold.  In March 2010, a woman by the name of Cynthia Shackelford won a $9 million dollars in a law suit against her husband's mistress.

Alienation of affection law suits can be difficult to prove and require the legal expertise of a Raleigh attorney who has experience in dealing with these types of cases. At Hopper Law Firm, we can help you regardless if you are suing for alienation of affection, or are being sued. 

Contact a Raleigh Alienation of Affection Lawyer from our firm today for a free consultation.