You and your spouse made a commitment to each other the day you agreed to get married. When you learn that your spouse has broken that commitment and sought comfort with another person, it’s a shocking and often demoralizing experience. In most states, you have few or no legal options to pursue the person who “homewrecked” your marriage… But you do in North Carolina.
North Carolina is one of just six states that currently recognize what is referred to as “alienation of affection.” This is a tort, meaning it’s a civil offense and allows for someone in a marriage in North Carolina to pursue civil legal action against someone who disrupts their marriage under certain circumstances. We’re here to help you understand this process and fight back against those who tore apart what you had.
What is Alienation of Affection?
Alienation of affection is a civil offense that gives a married person the right to sue someone for interfering in their marriage and causing their spouse to lose affection for them. These claims usually follow a divorce in North Carolina but can be brought up anytime someone interferes with a marriage, regardless of whether a physical or emotional affair actually occurred.
While often brought against a spouse’s lover, alienation of affection lawsuits also target anyone who disrupts a marriage. This could include family members who encourage divorce or even friends who interfere. Essentially, the claim arises when someone’s actions lead to the breakdown of the marital relationship and the loss of affection between spouses.
How Do I Pursue Legal Action for Alienation of Affection?
To pursue an alienation of affection lawsuit in North Carolina, there are certain elements you must prove to prevail in court. First, you need to show that you were married, and there was genuine affection between you and your spouse before the third-party interference. You don’t need to demonstrate that the marriage was perfect, but there must have been a loving bond that was disrupted by someone else.
Next, you must prove that the affection in the marriage was destroyed. This can be demonstrated by evidence of divorce or other signs that the love and affection have been lost. Whether through text messages, photographs, or testimony from close family members, you must show the court that what once existed has been broken.
You must also show that the defendant had a direct impact on this breakdown in your marriage. Whether it was through encouraging an affair, pushing for a divorce, or otherwise interfering, it must be clear that the defendant’s actions directly led to the loss of affection between you and your spouse. The defendant’s behavior must be so obviously harmful to the marriage that it would be reasonable to expect it to lead to alienation of affection. The actions also must be considered intentional or reckless.
Divorce with Dignity in North Carolina
If you believe your marriage was intentionally destroyed by someone else, you don’t have to accept the attack on your life quietly. At Meridian Law Office, we’re here to help the people of Charlotte and surrounding areas through alienation of affection claims and other family law matters. Contact our office today to discuss your situation and learn how we can help you regain control and find peace after such a devastating betrayal.
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