North Carolina is one of only several states where a person can be sued for alienation of affection or criminal conversation. Both are civil claims that may arise from extramarital affairs, and both target a third-party defendant— most often a spouse’s extramarital partner. Sometimes these lawsuits may never be filed, but the very threat of them may be used as a bargaining chip when negotiating a separation or divorce agreement.
The experienced North Carolina civil litigation attorneys at Rawls, Scheer, Clary & Mingo have decades of experience defending people sued for alienation of affection and criminal conversation. If you have been named in or have been threatened with such a lawsuit, you should call or email Rawls, Scheer, Clary & Mingo for a consultation.
This case was regarding a business matter and Amanda was remarkable. During the entire process she explained everything to me and made sure I was kept in the loop. Having Amanda on my side saved me quite a bit of stress, frustration and money!
Alienation of affection involves stealing the feelings of a spouse, or making one spouse “fall out of love” with the other. The plaintiff can sue anyone he or she feels may be legitimately responsible for breaking up the marriage. Alienation of affection does not need to involve sexual intercourse between an unfaithful spouse and the defendant. Under North Carolina law, anyone who may have maliciously interfered with or caused the loss of love and affection in a marriage can be named in such a lawsuit.
Criminal conversation is not a crime, but rather a civil tort that is brought by one spouse when the other has had sexual intercourse outside the marriage. The plaintiff, in this case the wronged spouse, is suing the third party — not the spouse — for damages resulting from that person’s actions. Sexual intercourse does not have to be proven, so long as the willingness and the opportunity are considered present.
If you have been sued or think you may be sued for criminal conversation or alienation of affection, you should call an experienced North Carolina civil litigation attorney at Rawls, Scheer, Clary & Mingo. For any number of reasons, such cases can result in expensive payouts to the allegedly offended spouse, or may be threatened in divorce, custody, or separation negotiations. Whether or not these cases ever go to trial, an experienced lawyer can help protect your interests by gathering evidence to support your defense, limiting potential damages and, in most cases, reducing unnecessary public exposure.
Under North Carolina law, “No act of the Defendant shall give rise to a cause of action for alienation or affection or criminal conversation that occurs after the Plaintiff and the Plaintiff’s spouse physically separate with the intent of with Plaintiff or Plaintiff’s spouse that the physical separation remain permanent…” In other words, criminal conversation and alienation of affection laws do not apply to any relationship that forms after a separation.
Yes, like other lawsuits, a statute of limitations — or time limit to file the case — applies here, too. North Carolina law reads, “(A)n action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the Defendant giving rise to the cause of action.” There would be no case from an affair of five, ten, or twenty years ago, as the statute of limitations expires three years from the last act, regardless of when the relationship was discovered.
Claims of alienation of affections or criminal conversation can be very personal, complex, and emotional cases that require experienced and prudent legal representation. An skilled civil litigation lawyer from Rawls, Scheer, Clary & Mingo can guide your defense against these claims, limit potential damages awards, and mitigate the impact on your professional and personal reputation.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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