North Carolina is one of only seven states who currently still follow laws that allow recovery by an ex-spouse against the cheating spouse’s lover. Several hundred cases are brought every year in North Carolina for alienation of affection and criminal conversation, laws that potentially punish those who have an affair with a married person.

This law was recently brought to attention when a jury awarded a record $30 million in actual and punitive damages to Carol Puryear, after a woman had an affair with her ex-husband.

Alienation of Affection

In a claim for alienation of affection, the jilted spouse can recover economic damages, as well as compensation for loss of sexual relations, humiliation and mental anguish, if:
-The couple was happily married and had genuine love and affection for each other
-That love and affection was destroyed
-The outsider acted maliciously to break up the marriage

While the lawsuit is mostly used in an affair, sexual relations between the spouse and other person are not required in order to bring the claim. In fact, anyone who contributed to the loss of love and affection, such as a friend encouraging the married person to leave the marriage, could potentially be subject to a lawsuit.

Criminal Conversation

Criminal conversation is a claim often brought with alienation of affection, and is in some ways more easily proven. All the law requires for criminal conversation is that the couple was married, and that an outsider had sexual intercourse with one of the spouses without the other’s consent.

Lawsuits Usually Brought During Divorce Negotiations

In some cases, the spouse who successfully brings either an alienation of affection or criminal conversation claim will still not receive any money, or only a $1 award. However, many bring suit to make a point against their ex-spouse and his or her lover. In addition, these lawsuits can be used during divorce to give one side or the other an advantage in negotiations.

If you are contemplating a divorce, speak with a family law attorney to discuss your situation.

Article provided by Law Office of Christopher Johnson
Visit us at http://www.wilmingtonncfamilyattorney.com

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