Experienced Alienation of Affection and Criminal Conversation Attorneys in North Carolina
At the David W. Martin Law Group, our Charlotte family law attorneys know that discord within a marriage can stem from multiple issues, including financial problems, dishonest behavior, or infidelity, to name a few.
When the cause of marital discord is an extra-marital affair — whether physical or emotional — it can lead to the alienation of affection toward one spouse.
In North Carolina, when one spouse can prove a third party — the spouse’s paramour — caused the breakdown of their previously loving marriage, he or she may be eligible to file a civil suit against the paramour separate and apart from the family law claims.
If you believe your marriage’s dissolution was caused by your spouse’s paramour, our Mecklenburg County family lawyers will explain each of the legal nuances that apply to your unique case, so you can make informed decisions about your future.
Contact us today to explore your customized legal options, so you can move forward with confidence.
What is Alienation of Affection and Criminal Conversation in North Carolina?
When a physical or emotional affair negatively impacts a marriage beyond repair, the affected spouse may seek legal action against the other’s paramour for Alienation of Affection.
Criminal Conversation, despite its name, is not a criminal act at all. It is strictly a civil claim seeking financial damages for a physical affair that resulted in sexual intercourse between the spouse and his or her paramour.
A single act of sexual intercourse is sufficient to state a claim for criminal conversation.
In North Carolina, Alienation of Affection and Criminal Conversion are typically joined together during a legal claim, as they are often inextricably linked.
How Can a North Carolina Spouse Prove Alienation of Affection and Criminal Conversation in North Carolina?
It is not enough to accuse a spouse’s paramour of alienation of affection or to suppose that an affair led to the dissolution of the marriage, thereby warranting the pursuit of a criminal conversation claim.
The abandoned spouse must prove that before the affair, he or she and the other spouse had a loving marriage. Next, they must prove the marriage was diminished or destroyed by the third party’s conduct.
It is important to note that these claims may exist even if the paramour and the other spouse did not engage in sexual conduct.
If the paramour interfered with the marriage to the point that the love and affection the spouses once shared were redirected towards him or her — either in person, through online conversations, text messages, phone calls, or social media platforms — the affected spouse may have a claim.
Our Experienced Family Law Attorneys in Charlotte, NC Represent Clients in the Following Legal Matters:
- Child Custody and Visitation
- Child Support
- Domestic Violence Orders of Protection
- Property Division
- Prenuptial Postnuptial Agreement
- Separation Agreements
What Types of Damages Can One Spouse Seek in an Alienation of Affection and Criminal Conversation in North Carolina?
When alienation of affection and criminal conversation can be established with clear proof, the affected spouse may seek damages directly from the paramour.
Those damages may include financial recovery for emotional distress, mental anguish, shame, humiliation, and economic losses, which may include the loss of the cheating spouse’s financial contributions toward the marriage.
How Long Do I Have to File an Alienation of Affection or Criminal Conversation Claim in North Carolina?
A lawsuit for alienation of affection or criminal conversation must be filed within three years from the last act that resulted in the claim.
For an alienation of affection claim, the clock begins ticking from the time the affair started to alienate the affected spouse, which could include the time the contact started to cause discord in the marriage.
For a criminal conversation claim, the three-year timeframe could start from the last time the paramour and the cheating spouse had sexual intercourse.
At the David W. Martin Law Group, our skilled family lawyers in Charlotte represent clients throughout North Carolina by thoughtfully and objectively assessing their cases to carefully plan and execute a legal strategy that is designed to reach their personal objectives.
Contact Our Skilled Alienation of Affection or Criminal Conversation Attorneys in Charlotte, North Carolina Today
At the David W. Martin Law Group, our Charlotte family law attorneys are here to listen to your Alienation of Affection or Criminal Conversation challenges, so we can outline all potential strategies that will allow you to pursue the best outcome for your case.
Call us at 980-265-9724 today to discuss your case and get the help you need.
Our Charlotte family law attorneys represent clients throughout North and South Carolina and have convenient offices on both sides of the border to help provide the legal guidance and strategies our clients need to move forward with their new lives with confidence.