At New Direction Family Law, we are prepared and ready to guide individuals through complex legal matters, including cases involving Alienation of Affection and Criminal Conversation. Schedule an initial consultation today to speak with an experienced family law attorney to assess any potential claims you may have for alienation of affection and criminal conversation.
Alienation of Affection &
Criminal Conversation
Alienation of Affection &
Criminal Conversation
At New Direction Family Law, we are prepared and ready to guide individuals through complex legal matters, including cases involving Alienation of Affection and Criminal Conversation. Schedule an initial consultation today to speak with an experienced family law attorney to assess any potential claims you may have for alienation of affection and criminal conversation.
Understanding Alienation of Affection and Criminal Conversation
North Carolina is one of a few states that recognizes alienation of affection and criminal conversation. Due to emotional turmoil and the potential for punitive damages and monetary rewards, it may be enticing to file a lawsuit for alienation of affection and criminal conversation. However, it’s not as simple and straightforward as it may seem. If you’re wondering if you have a claim for alienation of affection and/or criminal conversation, or if you have been sued for these claims, our experienced family law attorneys are here to educate, advise, and provide guidance tailored to your needs.
Do I Sue my Spouse for Criminal Conversation or Alienation of Affection?
In contrast to typical family law cases such as divorce and child custody, actions for criminal conversation and alienation of affection target third parties, not the spouse. This may include individuals involved in affairs or even in-laws. If you’re considering such legal action, our team is here to offer tailored guidance and support.
How do I prove Alienation of Affection or Criminal Conversation?
When considering whether or not you should sue a third party for alienation of affection or criminal conversation, it is important to speak with a family law attorney that has experience with these claims. Here are some important aspects of a case you must be able to prove:
Criminal Conversation
To establish a claim for Criminal Conversation, it’s essential to prove:
- Marriage between the plaintiff and their spouse.
- Voluntary sexual intercourse between the defendant and the plaintiff’s spouse during the marriage and prior to the date of separation.
Evidence of voluntary sexual intercourse, or adultery, can include signs of affection between the spouse and the defendant, like hand-holding, kissing, or exchanging love letters, along with opportunities for sexual encounters. Importantly, the defendant doesn’t need prior knowledge of the spouse’s marital status to bar the plaintiff from receiving damages. Should you need assistance navigating such matters, our team is here to provide tailored support and guidance.
Alienation of Affection
To succeed in an Alienation of Affection claim, you must demonstrate:
- The existence of marriage between the plaintiff and their spouse, with some level of love and affection.
- The destruction or alienation of the love and affection within the marriage by a third party.
- That the primary cause of the marriage’s breakdown was the malicious or wrongful actions of a third party (the defendant).
While adultery isn’t a strict requirement, proof of it implies malice. This claim can be directed at various third parties, including friends or in-laws. If you’re considering pursuing such legal action, our divorce attorneys are here to offer honest and supportive guidance that’s tailored to your needs and comes from experience with representing and defending clients with these claims.
Help With Alienation of Affection
and Criminal Conversation
Have you been sued for alienation of affection and/or criminal conversation, or are you interested in finding out if you have a case for these claims? Schedule a comprehensive consultation with New Direction Family Law to find your legal rights and options today. Reach out through our online contact form or call (919) 719-3470. We’re here to provide the personalized support, guidance, and representation that you need.
