Do You Suspect Your Spouse of Cheating?
Every so often a client comes into my office devastated by the discovery that their spouse is having an affair. They feel so betrayed and hurt. Its a pain like no other pain. They need to channel their anger and the pain. This can be done in a number of ways, some more constructive than others. In each case however, at least part of this type of consult will be dedicated to what you can legally do about this violation.
Many times these clients are laboring under the idea that they can charge or file suit against their spouse for adultery, or alienation of affection. In truth, Alienation of Affection and Criminal Conversation are civil claims against the third party paramour, not the spouse.
In other words, you sue the other person under these claims for money. Their behavior may have destroyed your marriage, which will cost you so much financially and emotionally. I for one am glad North Carolina has not abolished these claims despite repeated efforts to do so. While I don’t think they are appropriate in every case, some behavior screams out for legal redress, and these heart balm torts as they are called are our only remedy against the third party.
So, if you or a friend or loved has been affected by a cheating spouse (wife or husband) just remember that these claims are separate and apart from any divorce related action, and they are against the intervening party, ie boyfriend or girlfriend. Also remember that Alienation of Affection represents the actual destruction of the marriage, while Criminal Conversation represents a claim for the act of having sex with the spouse of another. The only direct legal effect the cheating will have on your spouse will be through the marital claims such as alimony, where adultery plays a significant role, and it can also be used as a justification to ask a Judge to remove your spouse from the marital home in an action for Divorce From Bed and Board.
How Important is Evidence of Spousal Cheating?
Obtaining and preserving evidence is CRUCIAL in these cases, so please be cautious and smart about how you proceed. The services of a Private Investigator in consultation with your attorney can prove to be the best investment you could ever make.
Contact the Raleigh Family Lawyers for Support on your Divorce Case
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