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ADULTERY AND THE LAW IS ADULTERY AGAINST THE LAW?

  

In North Carolina, a spouse may sue a third-party for interfering with his or her marital relationship. Suit is usually brought against the adulterous spouse’s lover for “Alienation of Affection.” (Although, North Carolina law also allows for such claims to be filed against an in-law, relative, counselor, therapist, or clergy member who has talked someone into leaving his or her marriage.)

“Criminal conversation” is a legal claim closely related to Alienation of Affection. It is basically a civil claim for adultery. With Criminal Conversation, it is not necessary to prove that adultery had any effect on a marriage; only that intercourse occurred between a spouse and a third-party. Adultery must be proven to win on a Criminal Conversation claim; whereas it is not required to be proven to prevail upon a claim for Alienation of Affection.

Alienation of Affection claims are not necessarily about physical infidelity, but about someone destroying the love between husband and wife, by any type of conduct.

North Carolina law recognizes marriage as one of the most sacred social institutions, and as of late, a string of large verdicts show the people of North Carolina continue to believe this to be so. Recent judgments across North Carolina in Alienation of Affection and Criminal Conversation cases range from $1.1 Million to $30 Million Dollars.

While all but seven states in the United States have abolished civil claims to enforce the sanctity of marriage, these legal claims remain alive and well in the Old North State.

If you have any questions about this article, or if you wish to have a confidential conversation, please feel free to call Robby Jessup at (252) 531-7555 or email him at rjessup@hsfh.com.

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