North Carolina is one of a few states that allows a spouse (the “plaintiff”) to sue a third party (the “defendant”) when, put simply, the plaintiff’s marriage ends as a result of the defendant’s relationship with the plaintiff’s spouse and interference in the plaintiff’s marriage.  There are two particular claims the plaintiff may consider filing against the defendant: alienation of affection and criminal conversation.  These two claims are sometimes referred to as “heart balm” torts. An alienation of affection lawsuit is an entirely separate lawsuit from one that may be pending between the two spouses themselves for issues such as child custody, child support, alimony, property division, and divorce. In an alienation of affection lawsuit, the spouse with whom the defendant had the relationship is not a party to the lawsuit but will almost certainly be involved as a witness.

In an alienation of affection lawsuit, the plaintiff essentially alleges: 1) the plaintiff and his or her spouse had a good marriage with genuine love and affection, 2) that love and affection has been alienated or destroyed, and 3) the alienation or destruction was caused by the defendant’s wrongful actions.  In defending against the lawsuit, the defendant may seek to establish the marriage was on the decline prior to defendant’s involvement and the love and affection had already dissipated, that the spouses were already separated before the alleged actions of the defendant occurred, or that the end of the marriage was not caused by defendant’s interference or actions.

Alienation of affection lawsuits can be stressful, expensive, and emotionally draining for the plaintiff and defendant.  Caleigh has experience both defending clients against alienation of affection lawsuits and also working with clients who sought to file such a claim.  If you are concerned you may be faced with an alienation of affection and/or criminal conversation lawsuit or have already been served with legal papers, or if you are seeking guidance on whether to pursue such a claim against a third party, contact Caleigh at EVANS FAMILY LAW to schedule a consultation.