Can I sue the other woman for alienation of affection?

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Can I sue the other woman for alienation of affection?

I live in NC.

Asked on December 28, 2011 under Family Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are able to get proof of this affair, then in NC you may be able to sue your spouse's lover if certain legal requirements have been met. "Alienation of Affection" is a legal action based on willful and malicious interference with marriage relations by a third party (these actions are often brought along with "Criminal Conversations" actions. 

For a plaintiff spouse to recover for alienation of affection, the following elements must exist: (1) the parties to the marriage were happily married and genuine love and affection existed between them; (2) such love and affection was alienated and destroyed; (3) and the wrongful and malicious acts of the defendant brought about the loss and alienation of such love and affection. The exclusive right of sexual relations is not the right protected in such case as this; the actual affection between spouses is the right protected.

Criminal conversation is a claim for adultery. Unlike alienation of affection, this action does protect the fundamental right of exclusive sexual relations between spouses. To prove a cause of action of criminal conversation, the plaintiff must be, or have been at the time, lawfully married and their spouse had sexual intercourse with the defendant without the consent of the plaintiff during the marriage.  It does not matter if the plaintiff and their spouse were separated at the time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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