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David G. Schiller, Attorney at Law

Raleigh Litigation Lawyer

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Alienation of Affections

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.

Criminal Conversation

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.

Family Law Contact

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Family Law

  • Absolute Divorce
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Our office is conveniently located in downtown Raleigh across from the Governor’s Mansion, with parking available on the street and in the lot behind the building.

304 East Jones Street
Raleigh, NC 27601

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We invite you to contact us by telephone, (919) 789-4677, to discuss your needs and learn more about how we might be able to help you. We also have contact forms for family law, general employment law, and State employees.
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Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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