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(PLEASE NOTE: The following information
is based on NORTH CAROLINA law. If you
do not live in North Carolina, please contact
an attorney in your home state regarding whether
or not your state has similar laws.)
Alienation of Affection is a legal
action (a tort) based on willful and malicious
interference with marriage relations by a third
party. In a divorce matter, Alienation of
Affection actions are often brought along with
Criminal
Conversations actions.
For a plaintiff spouse to recover for
Alienation of Affection,
the following elements are required:
-
the parties to the marriage were happily
married and genuine love and
affection existed
between them;
-
such love and
affection was
alienated and destroyed; and
-
the wrongful and malicious acts of the
defendant brought about the loss
and alienation
of such love and affection.
The exclusive right of sexual intercourse
is not the right protected in this type
of case. The actual
affection between
spouses is the right protected. In fact, in-laws
and religious organizations have been defendants
in Alienation of
Affection suits.
North Carolina juries have handed out big
awards in Alienation of Affection cases. In
2001, a Greensboro jury awarded $2 million to
the Plaintiff. Another jury awarded $1.2 million
in 1997 in a Forsyth County case.
Other awards include $1 million
to an Alamance County woman, $243,000 to a Wake
County man, and $40,000 to a Durham County man
whose wife allegedly ran off with another man.
Most States and the District of Columbia
have abolished alienation of affection
claims either by legislation or by court
ruling.
States in which alienation of affection laws
still exist:
- Hawaii
- Illinois
- Mississippi
- New Hampshire
- New Mexico
- North Carolina
- South Dakota
- Utah
In the past few years, various bills to eliminate
the current laws regarding
criminal
conversation and alienation of affection
have been introduced in the North Carolina legislature
and defeated. Some legislators and lobby
groups say these torts are outdated because
they are based on ancient property law. Other
legislators and lobby groups say the statutes
help preserve the family and help put a value
on a marriage and the damage caused by third
party interference.
If you are being sued for alienation of affection,
it is important to hire an experienced attorney
to represent you in the action. If you
are separated or are anticipating a separation
from your spouse, it is possible for your attorney
to draft documents that will protect you from
a future alienation of affection and/or criminal
conversation action, in the event you desire
to have a relationship following your
separation with your spouse. Such agreements
must be signed by your spouse, so it is important
to find an attorney who can draft and negotiate
these agreements for you. This type of
agreement is usually contained in a
Separation
Agreement, but can also be included in other
interim agreements if the parties need additional
time to resolve other issues related to the
marriage.
At Haas McNeil & Associates, P.A., commitment
to our clients' needs is our number one priority.
We can support you with child custody and child
support issues, and ensure that the outcome
of your case is fair and in accordance with
North Carolina law.
The attorneys at Haas McNeil & Associates,
P.A. would be happy to assist you in preparing
or negotiating these agreements or representing
you in related litigation. Contact us
at 1-866-783-9669, or via our online
contact form, to
request more information and schedule a consultation
with one of our attorneys about
alienation of affection.
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