North Carolina Still Recognizes Alienation of Affections Court Claims

March 25, 2011
By Bowen & Berry PLLC on March 25, 2011 9:40 PM |

The Lumberton North Carolina Courts provide a good forum for Alienation of Affection cases. NC is only one a a handful of remaining states which allow an action against a third party for wrecking a marriage. The claim is called allienation of affections. Punitive damages are also allowed, subject to North Carolina's cap on such damages. A companion charge of Criminal Conversation is usually pled alongside the alienation of affection charges.

To prevail on such a case the Plainitff must essentially prove that a third party almost preditorially stole away the affections of a marriage partner who had no prior inclination to be unfaithful.

A parallel action which is available is a claim for Criminal Conversation. Argueably easier to prove, this claim requires only that the jury find by the greater weight of the evidence that the third pary had sex with the Plaintiff's marriage partner while the third party knew or had good reason to believe the partner was married to the Plaintiff. This claim also carries punitive damages. These cases often provide the victim a decided advantage in their divorce case against the marriage partner, especially if the illicit relationship is still ongoing.

Often the sexual contract has been admitted by the marriage partner and often by the third party. Damages can vary widely, as can the ability of the Defendant to pay. But it may well pay to have an interview with a lawyer to assess the possibilities.

Lumberton Attorney Woodberry "Woody" Bowen travels throughout North Carolina to try Criminal Conversation and Alienation of Affection and other civil and criminal cases.