Alienation of Affection and Criminal Conversation
In the state of North Carolina, if a spouse has reason to believe that there was third party pressure on their partner that led to divorce or abandonment, the deserted spouse could potentially have a case against that third party. This tort is known as “alienation of affection”.
In order for a party to prove their case in court, they must show that some degree of love and affection existed between the spouses at the time that a third party’s conduct led to alienation, and destroyed that affection. These complex cases have a variety of requirements and may be difficult to prove, which is why working with a skilled firm will be in your best interest.
As an example, for an individual in Cary, NC to be found liable for “criminal conversation”, the affected spouse must show that his or her partner had sexual relations with the third party during their marriage. There is a three-year statute of limitations for alienation of affection claims; the innocent spouse must file his or her claim within three years of the wrongful act(s) that caused the alienation.
In a criminal conversation case, the innocent spouse must prove three things:
- The spouses were legally married at the time of the affair
- The acts of sexual intercourse took place between the spouse and a third party
- The adulterous acts took place within the three-year statute of limitations
It is easy for things to get complicated in these types of cases. The attorneys at Capital to Coast NC Law Group are ready to walk you through this process. We provide personalized, one-on-one representation, as these cases are as unique as those involved in them.
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From the very beginning, she was professional, understanding, and took great care to explain the legal process to us. She went far beyond what one would normally expect from an attorney and in doing so successfully achieved the goal we hoped for. We highly recommend Kellie Gonzalez for any occasion that calls for an attorney. – K, Family Law Client
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Contact our law offices for more information regarding Alienation of Affection and Criminal Conversation today. We are currently accepting appointments at our locations in Cary, NC, Greenville, NC, and Emerald Isle, NC.