Sue For Alienation Of Affection North Carolina
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FAQ
In order to file an alienation of affection lawsuit, a plaintiff must prove these three things about their marriage: The marriage was happy, and there was genuine love and affection between the partners. The genuine love and affection that once existed has been alienated or destroyed.
Proof Required ? How to Establish an Alienation of Affection Claim. 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.
You should expect to pay a lawyer a minimum of $25,000 to prosecute or defend an alienation case. These cases also require expert witnesses to testify to damages. Finally, even if you win a large award you may not be able to enforce it if the defendant doesn't have significant assets or a very high salary.
If you're filing a claim, you have to prove that you had a happy marriage before the person alienated your spouse's affection. This means that, for your claim to be successful, you'd have to prove that your spouse's affair was the sole reason for your spouse being alienated.
Essentially, the suit claims that the marriage was full of love until this other person came along. Alienation of affection laws are rare, and only six states still use them. North Carolina is among them, along with New Mexico, South Dakota, Utah, Hawaii, and Mississippi.