North Carolina Alienation of Affection Law 2024 Explained

Growing apart in a marriage can be a truly heartbreaking and painful experience. You may feel isolated, unloved, and struggling to understand exactly what happened. Uncovering that somebody else, a third party, may have had a hand in driving your significant other away from you can be enraging. You may want to do something about it. The North Carolina alienation of affection law recognizes such activity as something you can pursue legal action against.

What Is North Carolina’s Alienation of Affection Law?

North Carolina’s alienation of affection law allows one spouse to take legal action against an outside influence who may have contributed to the end of the marriage. If you were to file a claim for alienation of affection, you would file it against a third party whose actions resulted in a loss of affection from your spouse. North Carolina is one of the few states that recognizes alienation of affection as a legitimate reason to pursue a civil claim.

It may not be easy to prove alienation of affection on top of making sure that your divorce meets all the necessary requirements to proceed. Knowing that somebody was negatively affecting your marriage can be immeasurably painful.

Pursuing legal action in this way can help you gain some sense of closure for everything that’s happened to your marriage. To prove alienation of affection, you must establish the following:

• Your marriage was strong, valid, and built on a foundation of love and respect.
• An outside influence damaged the affection between you and your spouse.
• It was the third party’s influence that directly caused the downfall of your marriage.
• The behavior in question was malicious and occurred prior to separation.
• The alienation of affection led to your damages.

Statute of Limitations

Before deciding to proceed with a case of alienation of affection against the third party that hurt your marriage, it is important that you adhere to North Carolina’s statute of limitations for alienation of affection cases, which is three years. You will have three years from the date that you discovered the alienation to:

• Establish grounds for your claim.
• Build a strong enough case.
• Gather the necessary evidence.
• Consult a divorce lawyer.
• File your claim.

If you are unable to file your claim before three years have passed, there is a good chance that your claim will be dismissed outright. Building a strong case for alienation of affection can take a lot more time than you might think, so you may want to hire a family lawyer to help you as soon as you can. If you are concerned that your case isn’t strong enough, bring what you have to your divorce lawyer and let them review it. You may have more than you think.

Defenses Against Alienation of Affection Claims

If you decide to pursue a case for alienation of affection, it may be important to know how the third party in question may retaliate against your claim. They may gather evidence that contradicts your side of the story, and you may want to be prepared for any eventuality. Here are two of the possible defenses they may use:

• Post-Separation Affair: The third party may try to argue that they did not pursue your ex-spouse until you were already separated. They may even try to assert that their actions were due to the loneliness the ex-spouse felt after the separation.
• Lack of Affection: One of the more common ways they may try to defend themselves is by claiming that there was no affection or love present in the marriage. If they can produce evidence of fights, arguments, previous separations, or even other affairs, this could be a strong argument.

FAQs

Q: What Are the Requirements for Alienation of Affection in North Carolina?

A: To prove a case for alienation of affection in North Carolina, your claim has to meet certain requirements. First, you will need to prove that your marriage was strong and loving prior to your spouse getting involved with the third-party individual. You will need to prove that their actions caused your marriage to spiral and collapse, which wouldn’t have happened if they had not involved themselves in your marriage.

Q: What Is the Homewrecker Law in North Carolina?

A: The “homewrecker law” is another name for an alienation of affection case or a criminal conversation case, which is fairly similar. This law allows a jilted spouse to bring legal action against a third party who may have caused strife in their marriage and led to separation or divorce. These kinds of cases can be difficult to prove, and evidence might be hard to come by. It depends on the individual circumstances.

Q: How Much Does It Cost to Make a Claim for Alienation of Affection in North Carolina?

A: It is impossible to know beforehand how much an alienation of affection case might cost you in North Carolina. Every alienation of affection case is different. Each situation has its own set of circumstances and details that make it unique. Some cases may be fairly easy to settle, while others could take months or even years to finalize. The longer and more complex a case is, the more it will likely cost.

Q: Can You Take Legal Action Against Your Spouse for Infidelity in North Carolina?

A: No, you cannot pursue legal action against your spouse for infidelity in North Carolina. What you can do is gather evidence of that infidelity and bring that evidence to a divorce lawyer. While North Carolina is a no-fault divorce state, evidence of adultery can still sometimes influence the court’s decision on issues such as alimony or child custody.

Reach Out to a Divorce Lawyer Today

It can be overwhelming and heartbreaking to find out somebody has been poisoning your spouse against you and has caused irreparable harm to your marriage. In such a trying time, it is important that you seek out the right kind of legal help by hiring an experienced divorce lawyer to handle your case.

Butler, Quinn & Hochman, PLLC, understands what you are going through and is prepared to handle the finer details of your case. We can gather evidence of infidelity, build a case for alienation of affection, and make sure your interests are protected throughout. Contact us to schedule a consultation with one of our team members.