Alienation of Affection

Alienation of Affection is a legal concept that holds an individual liable for intentionally interfering with a marriage or marital relationship, thereby causing one spouse to suffer the loss of affection and love from the other spouse. In simpler terms, it involves a third party’s wrongful actions that contribute to the breakdown of a marriage by alienating one spouse’s affections from the other.

In North Carolina, Alienation of Affection laws date back to the nineteenth century and continue to be recognized as valid legal claims in the state. To establish Alienation of Affection, several key elements must be proven:

• Valid Marriage: The claimant must be able to demonstrate the existence of a valid marriage between themselves and their spouse.
• Loss of Affection: There must be evidence to prove alienation of affection and loss of love between the spouses, which can be directly attributed to the actions of a third party.
• Intentional Interference: In an Alienation of Affection lawsuit, the defendant’s actions must have been intentional and aimed at disrupting the marital relationship. This interference can take various forms, such as engaging in an extramarital affair, manipulation, defamation, or other wrongful and malicious acts.
• Causal Connection: There must be a direct causal connection between the defendant’s actions and the loss of affection within the marriage. The plaintiff must provide evidence linking the third party’s conduct to the deterioration of the marital relationship.

It’s important to note that Alienation of Affection claims do not require proof of sexual relations between the defendant and the plaintiff’s spouse. Instead, the focus is on the intentional interference with the marriage and the resulting emotional harm suffered by the plaintiff.

Proving Adultery in a Case of Alienation of Affection

In order to win this case, it is not necessary to show the physical or photographic evidence, or otherwise prove that a sexual relationship occurred. Instead, the key terms are “inclination” and “opportunity.” Because adultery is a secretive act, the plaintiff only needs to show the inclination to engage in an affair, which can often be done through text and phone calls, as well as the opportunity to do so through sufficient time alone in a place where the act could occur.

Proving Alienation of Affection Against A Third Party

To prove a claim for Alienation of Affection, a plaintiff must show:

1. You and your spouse had a genuinely loving and happy marriage prior to the third party (defendant) insinuating themself into your life.
2. That love and affection which existed at the time of the actions of the defendant was alienated and destroyed due to the defendant’s malicious or wrongful acts.

Defending Yourself Against Alienation of Affection

If you are accused of this act, the most common defense strategies include:

• Proving a lack of love and affection between the two parties: The marriage does not have to be perfect, but evidence of constant fighting, lack of time together, prior separations, etc., tends to show unhappiness.
• Consent of Plaintiff: For instance, in circumstances of “open” marriages or spouse swapping relationships where one spouse consents to another spouse engaging intimately with other partners.
• Connivance: This is a rare occurrence where the defendant is tricked or manipulated into beginning an affair in order to end a marriage.
• Time of Act: If acts were committed solely after a separation, the plaintiff doesn’t have a basis for alienation.
• Practical Defense of Poverty of Defendant: Used in cases with unsubstantial assets, which often makes the claims untenable.

While alienation of affection is a law that is based on simply breaking up a once-happy marriage, criminal conversation is a civil cause of action based on the proven sexual activity with the spouse of another. Simply put, engaging in sexual activity with a married person is a violation of civil law and you can be sued for it in North Carolina.

If you wish to take someone to court for criminal conversation, you would need to prove two things:

1. The plaintiff and his or her spouse had a valid marriage at the time of the act;
2. Sexual intercourse did occur between the plaintiff’s spouse and the defendant.

Criminal Conversation vs. Alienation of Affection

There are three key differences in how criminal conversation differs from alienation of affection.

1. Sexual intercourse must have occurred.
2. The marriage didn’t need to be “happy” prior to the affair;
3. The adultery does not need to have led to the dissolution of the marriage.

The leading factor in deciding whether you should pursue an allegation of alienation of affection or criminal conversation lies in whether you can recover the settlement from the third party and if you can pay the legal fees necessary to take the case to court. Even if you have an excellent case against your husband’s mistress, if she can’t pay what a jury awards or there aren’t assets to seize, it’s a hollow victory.

To help you decide if you should take action, our attorneys often recommend an asset search of any potential parties that may be sued so that our clients can make an educated decision about pursuing these claims. Working with a Raleigh attorney is imperative to have the guidance and clarity needed to move forward or not, as well as your attorney, can connect you with a private investigator.

Additionally, pursuing these claims in court requires you to seek damages. How can you assign a value to marital fidelity or your marriage itself? However, when the conduct is grievous, there is potential for punitive damages.

An Alienation of Affection suit can significantly impact divorce proceedings in North Carolina, as it may influence the division of marital property, spousal support, and child custody arrangements.

When you work with an experienced family law attorney at Doyle Divorce Law, we have extensive experience handling Alienation of Affection claims and can provide the expert legal guidance needed to protect your rights and interests throughout the process.

Division of Marital Property

Alienation of Affection claims can influence how marital assets and property are divided between spouses. If one spouse can successfully prove that a third party’s actions contributed to the breakdown of the marriage, they may be entitled to a larger share of the marital estate. The court may consider the emotional distress caused by the alienation when making decisions about property division.

Alimony or Spousal Support

Alienation of Affection can also impact decisions regarding alimony or spousal support. If the plaintiff can demonstrate that the defendant’s actions led to the breakdown of the marriage and caused financial harm, they may be awarded higher alimony payments or a more favorable support arrangement.

Child Custody and Visitation

In cases where children are involved, Alienation of Affection can influence decisions related to child custody and visitation rights. Courts may take into account the impact of the alienation on the emotional well-being of the children and may adjust custody arrangements accordingly. The involvement of a third party in causing marital discord can be a significant factor in determining what is in the best interests of the child.

Emotional Toll

Beyond the legal implications, Alienation of Affection can take a significant emotional toll on both parties involved in the divorce. It can exacerbate feelings of betrayal, anger, and hurt, making it more challenging to reach amicable resolutions through mediation or negotiation. In some cases, the emotional fallout from Alienation of Affection may prolong the divorce process and increase conflict between the spouses.

Public Perception

Alienation of Affection claims often involve private matters being brought into the public sphere, as they typically involve allegations of infidelity or misconduct by third parties. This can result in added scrutiny and judgment from friends, family, and the community at large, further complicating an already difficult situation for the divorcing couple.

Navigating an Alienation of Affection case in North Carolina involves understanding the legal considerations and requirements involved in presenting a compelling case. Here are some essential factors to consider.

Burden of Proof

In Alienation of Affection cases, the burden of proof rests on the plaintiff to establish the elements of the claim. This includes demonstrating that a valid marriage exists, proving the loss of affection, showing intentional interference by the third party, and establishing a causal connection between the interference and the breakdown of the marriage. Meeting this burden requires presenting credible evidence and compelling arguments to persuade the court.

Time Limitations

It’s crucial to be aware of the time limitations for filing an Alienation of Affection claim in North Carolina. The statute of limitations for Alienation of Affection claims is typically three years from the last wrongful act or conduct alleged to have caused the alienation. Failing to file within this timeframe may result in the claim being barred, so it’s essential to act promptly if you believe you have a valid claim.

Role of Evidence

Evidence plays a central role in proving Alienation of Affection claims. This may include correspondence, witness testimony, financial records, and other documentation that supports the allegations of intentional interference and emotional harm. Collecting and preserving evidence early in the process is critical to building a strong case and maximizing the chances of success.

Legal Precedents

Understanding relevant legal precedents and case law can provide valuable insight into how courts have interpreted and applied Alienation of Affection laws in past cases. Legal precedents can help shape legal strategies and arguments, providing guidance on how to effectively present your case in court.

Proving Adultery in a Case of Alienation of Affection

In order to win this case, it is not necessary to show the physical or photographic evidence, or otherwise prove that a sexual relationship occurred. Instead, the key terms are “inclination” and “opportunity.” Because adultery is a secretive act, the plaintiff only needs to show the inclination to engage in an affair, which can often be done through text and phone calls, as well as the opportunity to do so through sufficient time alone in a place where the act could occur.

Defending Yourself Against Alienation of Affection

If you are accused of this act, the most common defense strategies include:

• Proving a lack of love and affection between the two parties: The marriage does not have to be perfect, but evidence of constant fighting, lack of time together, prior separations, etc., tends to show unhappiness.
• Consent of Plaintiff: For instance, in circumstances of “open” marriages or spouse swapping relationships where one spouse consents to another spouse engaging intimately with other partners.
• Connivance: This is a rare occurrence where the defendant is tricked or manipulated into beginning an affair in order to end a marriage.
• Time of Act: If acts were committed solely after a separation, the plaintiff doesn’t have a basis for alienation.