Alienation of Affection and Criminal Conversation Lawyers in North Carolina

At the David W. Martin Law Group, our North Carolina alienation of affection and criminal conversation attorneys know that our state is one in only a handful throughout the nation that allows a spouse to pursue these unique infidelity claims against a third-party.

When one North Carolina spouse is physically or emotionally alienated in their marriage, he or she has the legal right to pursue the individual who caused the breakdown of their previously loving marriage.

If you believe you are eligible to file a civil suit against your spouse’s love interest, who contributed to the failure of your marriage, our skilled family law attorneys will help you understand the legalities involved in the process, separate and apart from your divorce proceedings.

We understand these cases are emotionally charged and difficult to endure and are dedicated to helping you explore customized legal options, so you can move forward with confidence.

How Does the State of North Carolina Define Alienation of Affection and Criminal Conversation?

Alienation of affection involves the actions of an outsider interfering with a marriage.

When a physical or emotional affair negatively impacts a marriage beyond repair, the affected spouse may seek legal action against the at-fault third party for alienation of affection.

Often, the defendants of alienation of affection lawsuits are an adulterous spouse’s lover.

However, religious leaders, therapists, counselors, and even family members who have encouraged a spouse to get divorced have also been pursued throughout North Carolina for their roles in disrupting a previously happy marriage.

Criminal Conversation, unlike its name suggests, 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 lover — even if the adulterous event only occurred once. Keep in mind, according to the revised North Carolina legislation, if the extramarital affair started after a married couple is separated, the alienation of affection law does not apply.

In North Carolina, Alienation of Affection and Criminal Conversion are typically pursued during a combined legal claim.

Our experienced family law attorneys in North Carolina represent clients in the following legal matters:

How Can One Spouse Prove Alienation of Affection Led to the Dissolution of the North Carolina Marriage?

Like most family law claims, actual proof is an important part of any case’s success.

Spouses may not simply suggest or accuse the other of having an affair that led to the alienation of affection, then seek a legal claim.

To do so, they must first establish that the marriage was loving and stable before a third party’s conduct led to the marriage’s dissolution. This can be true even if the couple did not have a physical relationship.

If the third party radically 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.

Why Would One Spouse Seek an Alienation of Affection and Criminal Conversation Claim 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 third party.

That may include pursuing financial recovery for:

  • Emotional distress
  • Mental anguish
  • Shame
  • Humiliation
  • Economic losses from the spouse’s previous financial contributions to the marriage/home

Spouses impacted by the alienation of affection or criminal conversation must file a claim within three years.

For an alienation of affection claim, the three-year timeframe to file a claim begins when the affair started to alienate the affected spouse

For a criminal conversation claim, the three-year timeframe could start from the last time the third-party and the cheating spouse engaged in a sexual relationship.

If you believe you have an alienation of affection and/or criminal conversation claim in North Carolina, we can help build your case to pursue a positive outcome that allows you to put this difficult time behind you.

Contact Our North Carolina Alienation of Affection or Criminal Conversation Attorneys

At the David W. Martin Law Group, our North Carolina 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 legal guidance and strategies you need to move forward with your new life with confidence.


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David W. Martin Law Group

108 Springs St, Fort Mill,
SC 29715-1722
(803) 548-2468

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Greenville, SC 29607
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Charlotte, NC 28203
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