What is alienation of affection in North Carolina divorce law?

In North Carolina, the alienation of affection doesn’t necessarily mean adultery. In a marriage spouses have an expectation of affection. Thus, alienation of affection means that one spouse deliberately diverts their affection away from their spouse. Therefore, a spouse in a divorce may use the alienation of affection as a legal claim. In North Carolina is one the states that recognize alienation of affection as grounds for divorce.

However, in North Carolina, the claim may be harder to prove that adultery. For instance, a spouse has to show that there was affection between the couple before the alienation began. Also, the spouse has to prove that the affection was destroyed. For example, the spouse has to prove that the affection which occurred early on in the marriage stopped suddenly or slowly ceased. The spouse must prove that their spouse’s actions were malicious and either caused or contributed to the alienation of affection.

However, adultery is when a married spouse has consensual sexual relations with someone other than their spouse. In some states, adultery is one of the grounds for a fault divorce. This means that a spouse in North Carolina could sue for divorce on the grounds that their spouse cheated.

Since claiming alienation of affection is complex. Thus, it’s best to speak with a North Carolina lawyer who specializes in alienation of affection claims. The divorce lawyer can tell the spouse if they should use the claim or if they can prove adultery.