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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.
To prove a claim for alienation of affection, the jilted spouse must prove that, prior to the commencement of the affair, he or she had a loving marriage, that the loving marriage was diminished or destroyed by the paramour's conduct, and that it was that wrongful conduct that led to the diminishment of the marital ...
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.
And you would be right! Under North Carolina law, you may file a lawsuit for monetary damages if someone ?sleeps with? or takes the affection of your spouse before you separate.
North Carolina is one of the few states where a lawsuit can be filed as a result of adultery. While the injured spouse cannot sue the adulterous spouse, the law allows the injured spouse to bring a civil action against the third party with whom the adulterous spouse cheated.