In 1864, a common law tort action came into effect in New York. This was alienation of affections. It became a common divorce tool across the United States. Under this law, a spouse could sue her partner’s lover for money. This no longer is true. In all but 7 states, alienation of affections is no longer a viable option. One state where it continues to draw the ire of legal attorneys is North Carolina.
Defining Alienation of Affection
Alienation of affection can only exist where there is fault divorce. It indicates one individual is a causal factor in causing the marriage to break down. While sexual involvement is not a prerequisite, sex often does play a role. Characteristics of an action of alienation of affection include:
- A loving relationship between the 2 spouses
- The alienation or destruction of this love/relationship
- The conduct of the defendant was a contributory or causal factor
Alienation Of Affection In North Carolina
The legal system in Carolina sees approximately 200 filings of these actions annually. Some are high profile with large monetary sums awarded. Although the legislature has tried several times to remove it from the system, past actions have only resulted in restricting it. In North Carolina, as of 2009, an individual could proceed with a claim of alienation of affection if:
- The claim is laid against an individual, a human or natural entity and not a legal corporate or group entity
- The claim can proceed if the separation is intended by either party to be a permanent, physical one.
- The lawsuit claim can only go ahead if it falls within a 3-year period of the last causal factor of the action
Critics deride alienation of affection as a means to achieve personal vengeance.
Hiring A Lawyer
Hire a skilled divorce lawyer if you plan to use this clause. He or she will understand any modifications that could affect your case. This may influence your ability to proceed with the action successfully.
