Thank you for using Just Answer. I look forward to helping you today. While I am not a NC attorney (I am licensed in FL) I see that you have been waiting some time, and I have researched this for you according to NC law.
North Carolina law recognizes the cause of action for Alienation of Affection, which is when someone takes away the affections of one spouse for another destroying the marriage. North Carolina also recognizes the claim of Criminal Conversation, which involves the act of having sex with someone else’s spouse. These are actions that are filed against the paramour or third party that has taken away the affections. There is a three year statute of limitations in NC to bring such suits, meaning the lawsuit must be filed within 3 years of the alleged act.
To prove a claim for Alienation of Affection, a Plaintiff must show:
- A happy marriage between spouses with genuine love and affection.
- That love and affection which existed at the time of the actions of the Defendant was alienated and destroyed.
- The Defendants wrongful and malicious acts resulted in the alienation of the previously existing love and affection.Proving sexual intercourse is one way to show a malicious act.
Now, a defense to alienation of affection is that there was no happy marriage. If he has had multiple affairs in the past, I would say what you are likely thinking --this was not a happy marriage for him. So that is a weakness in any claim. Also, if they were separated at the time of you entering into a romantic relationship, this cannot be alienation of affection.
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