Rebecca Perry

FAMILY LAW

 

Alienation of Affection and Criminal Conversation

North Carolina is one of the only States to allow a cause of action against a third party for interference in the marital relationship.  To succeed on this claim for alienation of affection, the plaintiff must prove that (1) there was genuine affection between the spouses; (2) the spousal affection was alienated; and (3) defendant’s malicious conduct contributed to or caused the loss of affection. Sexual intercourse is not a required showing. Criminal conversation, on the other hand is a civil lawsuit based on sexual intercourse between the defendant and the plaintiff’s spouse.  The plaintiff must only prove (1) an act of intercourse and (2) the existence of a valid marriage between the plaintiff and the adulterous spouse.

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