You have a precious commodity if you are in a good marriage with genuine love and affection. After all, as the song says, “all you need is love.” However, if your spouse has an affair, you may feel rightfully upset at the lover for taking the affections you enjoyed.
In North Carolina, if this scenario happens to you, you can sue your spouse’s lover in a court of law. North Carolina is one of only six jurisdictions recognizing this type of case. You may wonder exactly “What is Alienation of Affection,” and how do you prove it in a court of law?
What is Alienation of Affection in NC?
Filing an alienation of affection case allows you to sue your ex-spouse’s lover for acting wrongly. After all, your ex’s lover deprived you of your ex’s love and affection. They maliciously interfered in your marriage, causing separation and divorce.
Many factors play into whether a case like this is successful. But what does your case need to prove? Believe it or not, alienation of affection cases do NOT require you to prove that your ex and their lover participated in extramarital sex.
Instead, you must show that:
- A marriage involving genuine love and affection exists at the time of the affair: A jury decides whether this existed in your marriage on a case-by-case basis at the time of the affair. Some North Carolina case law suggests marriage counseling or discussing separation before a spouse meeting their lover is evidence that genuine love and affection no longer existed. Another case suggests that separation is not necessarily essential and that a reconciliation attempt after separation is proof enough that the couple maintained genuine love and affection.
- The loss of love and affection occurs: proven by a separation or divorce.
- The lover’s conduct caused the loss of that love and affection: in other words, show “any intentional conduct that would probably affect the marital relationship” You don’t need to prove extramarital sex took place or that the defendant wanted to ruin the marriage. Instead, you only needs to show that the lover intentionally engaged in conduct likely to damage the marriage. (1)
Should I File an Alienation of Affection Lawsuit?
When considering whether to file an alienation of affection suit, it is vital to keep in mind NC statutes that provide limitations for filing an action for an alienation of affection lawsuit. (2)
Limitations for filing an alienation of affection suit include:
- If you and your spouse have already separated at the time of the supposed alienation of affection, your case will not stand.
- Statute of Limitations: You may not file an action for an alienation of affection lawsuit more than three years from the last wrongful act of the defendant.
- You may only bring an action against a natural person, not against a business or corporation.
Can I File Against an Out of State Defendant?
You can file an alienation of affection suit against an out-of-state defendant. North Carolina has a “long arm” statute allowing NC courts to preside over defendants living in another state.
North Carolina previous court rulings show that a claim of alienation of affection is valid when:
- the defendant’s (the lover’s) conduct occurred in North Carolina
- the defendant (the lover) sends communications to a spouse residing in North Carolina
Multimillion-Dollar Verdicts
Some juries have given huge payouts when someone can prove the above-listed elements to the court’s satisfaction. As recent cases have shown, multimillion-dollar verdicts are not uncommon in North Carolina.
A jury decides the reward amount based on a multitude of factors, including:
- The intent of the defendant (the lover)
- The defendant’s net worth
However, it is essential to note that many cases have produced damages well below one million dollars. Most suits end up settling before ever reaching a courtroom.
We Can Help
Contact our knowledgeable attorneys at Plekan Law to know whether you have a claim for Alienation of Affection. If you are in the midst of a divorce or separation, talk with us about how to make your divorce easier. We work with collaborative divorce techniques including mediation and negotiation to reduce costs and speed up the process. Discuss the specifics of your situation with us and find out how you can find help in your separation and divorce and justice for your loss. Get in touch with us at Plekan Law today to schedule a consultation.
Footnotes:
- Jones v. Skelley, 195 N.C. App. 508, 673 S.E.2d at 391.
- N.C.G.S. § 52-13.