If you have an alienation of affections or criminal conversation matter in Wake County, North Carolina, Attorney David Schiller can represent you during the process.
Alienation of Affections
A civil suit for alienation of affections seeks damages against a third party who “alienates” the affections of one spouse from the other spouse. The lawsuit is typically brought by the innocent spouse against the unfaithful spouse’s lover. But, an alienation of affections lawsuit can be brought against any third party. This includes an in-law who advises the other spouse to leave his or her marriage. A claim for alienation of affections must be brought within three years of the acts giving rise to alienation.
An action for alienation of affections is based on the wrongful, malicious acts of a third party which are intended to destroy a marriage or alienate one spouse’s affections from the other spouse and does not have to be based on acts of adultery. At trial, the acts of the third party must be proven to have caused one spouse to lose affections for the other spouse.
A civil suit for criminal conversation seeks damages for the act of sexual intercourse between the spouse and a third party. Each and every act of adultery can give rise to a separate claim for criminal conversation. A claim for criminal conversation must be brought within three years of the sex acts.
The Plaintiff in a criminal conversation claim must prove only two elements to be successful: (1) a legal marriage between the Plaintiff and the adulterous spouse, (2), an act(s) of sexual intercourse between the adulterous spouse and a third party (which can be inferred from opportunity and inclination).
Contact Our Attorneys
Attorney David Schiller practices family law in Wake County — divorce, child custody and support, alimony, post-separation support, separation, pre-nuptial agreements, name changes, and appeals.
You are welcome to contact us regarding your family law issue.
To schedule a consultation to discuss a family law issue, please telephone us at (919) 789-4677 or complete the contact form below.