Alienation and Criminal Conversation

If you discover that your divorce has been caused by the interference of a third party you may have a claim for alienation of affection and/or criminal conversation. Both are civil tort claims still recognized in North Carolina and entitle the wronged spouse to recover monetary damages. Our divorce lawyers have experience working on these cases. 

What is Alienation of Affection?

Alienation of affection allows a spouse to sue any third party for committing wrongful acts that deprived him/her of the love and affection of their spouse. Often the third party is a lover, however, it can be any person who alienates the spouses, such as a mother in law, friend or even a stepchild. To have a valid claim for alienation of affections you must prove the following:

1. A valid marriage existed with genuine love and affection.
2. The genuine love was alienated.
3. The third party’s wrongful acts caused the alienation.
4. The acts occurred during the marriage, prior to separation.

What is Criminal Conversation?

Criminal Conversation usually accompanies a claim for alienation of affection and occurs when the third party has sexual relations with the spouse.  To have a valid claim for criminal conversation you only need to prove that:

1. A valid marriage existed.
2. Sexual intercourse occurred between the third party and the spouse during the marriage, prior to separation.  Proof of sexual intercourse can be circumstantial.

A wronged spouse may use the threat of filing these claims to negotiate a more favorable outcome in the divorce. If you are considering filing pursuing either claim, to ensure that your rights are protected our knowledgeable divorce lawyers are able discuss your options and provide you with tailored advice.