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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42287
Experience:  30 years in civil, probate, real estate, elder law
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I was just wondering if I had a case against someone for

Customer Question

I was just wondering if I had a case against someone for alienation of affection.
JA: Since laws vary from place to place, what state is this in?
Customer: North carolina
JA: Has anything been filed or reported?
Customer: No just recently found out about it
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Legal
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 8 months ago.

Yes you can NC still allows for this.In North Carolina, you may sue an individual who has caused a married person to suffer the loss of affection of their spouse, so long as the marriage was peaceful and intact at the time of the affair. In layman’s terms, you may sue your spouse’s paramour. To prove this case legally, however, you must satisfy the following:

  1. You and your spouse were happily married and a genuine love and affection existed between you.
  2. The love and affection was alienated and destroyed.
  3. The wrongful and malicious acts of the defendant produced the alienation of affection.
  • That “malicious” part is presumed if there is proof of sexual intercourse.
  • BUT, malice does not always mean sexual intercourse.

You may consider a local lawyer to file such a suit and seek damages including mental anguish here under NC law.

https://www.rosen.com/divorce/divorcearticles/alienation-of-affection-and-criminal-conversation/

I appreciate the chance to help you today.Thanks again.

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I wish you a Happy New Year as well.