Alienation of Affection

And then there is North Carolina, where alienation of affection claims are filed every year, as a Raleigh law firm estimates. In the Tar Heel.
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Torts and Personal Injuries

Nonetheless, the possibility of abolishment grows every year as our legislature views these claims as increasingly antiquated. The plaintiff does not have to show evidence of adultery. First, it is important to consider that the elements of this claim are tricky because of its very nature. For instance, what is genuine love and affection?


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How can you determine what is wrongful and malicious conduct? Or, that the conduct was the controlling cause of the alienation? What kind of damages are we talking about? How can you put a dollar amount on a lost relationship? It is hard to pinpoint the definition of genuine love and affection. Alternatively, let us consider some factors that may tend to show when genuine love and affection did not exist in a marriage. This element is incredibly important because it is often the strongest defense for a defendant. While it is possible this is a strong argument, there is some North Carolina case law suggesting otherwise.

This separation was not important. The fact that the married couple had resumed their relationship was evidence that they had somehow managed to maintain the necessary genuine love and affection for purposes of the claim. As you can see, these cases are very fact specific, thus whether a marriage had genuine love and affection is ultimately a question for the jury to decide.


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This element is typically clear if the married couple has separated or divorced immediately subsequent to the relationship with the paramour. Alienation of affections claims must be based on pre-separation conduct. However, courts allow post-separation conduct to help corroborate pre-separation conduct.

This element can be broken down into two parts. First, what is malicious or wrongful conduct? However, other actions performed by the paramour may rise to the level of malicious or wrongful conduct. It must be proven that the wrongful acts of a defendant are the controlling or effective cause of the alienation, even if there are other causes which may have contributed to the alienation. The paramour does not necessarily have to instigate the resulting alienation.

Affirmative conduct from the paramour will be sufficient. Moreover, there is no need to show that the paramour was motivated by ill will towards the plaintiff. Finally, there is no need to show that the spouse and paramour even had sexual intercourse. Damages are typically defined as a monetary compensation for a loss.

There are two types of damages to be considered: As you can imagine, placing monetary value on some of these losses can be very difficult.

Alienation of affections

Punitive damages are damages intended to punish a defendant. For the question of punitive damages to be submitted to a jury, there must be evidence of circumstances of aggravation beyond the proof of malice necessary to recover compensatory damages. These specific circumstances of aggravation include willful, wanton, aggravated or malicious conduct. So, first a plaintiff must show evidence of malice. If the paramour and the spouse had sexual relations, it is likely that malice will be implied.

Second, a plaintiff must show the paramour aggravated the conduct. Some may say the paramour poured salt in an open wound.

Alienation of Affections

What are some specific circumstances of aggravation? However, with outrageous conduct established, a jury still may not find a defendant should be punished. Finally, in order to recover punitive damages, a jury must first award compensatory damages, even if those compensatory damages are nominal.

Charlotte Alienation of Affection & Criminal Conversation Attorneys

Then, depending on the evidence presented, a jury can determine whether the evidence is sufficient to show that punitive damages should also be awarded. The pair married in and have a 5-year-old daughter, the Durham Herald-Sun reported , citing court documents and testimony. But Danielle, in testimony in Superior Court, said she was unhappy from the first year of their union.

King discovered the affair when an unknown number appeared on his phone bill. When she told her husband that she was having electrical issues at her new place, King appeared and found Huizar with his wife.

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Alienation of affection and criminal conversation are common law torts widely viewed as outdated. Experts have warned of exorbitant rewards as well as the possibility of blackmail. They also say this cause of action has failed to prevent adultery or promote marriage. Still, legislative attempts to scrap the principles have failed, and a attempt by the North Carolina Court of Appeals to abandon alienation of affection and criminal conversation was quashed by the state Supreme Court.

It may have asphyxiated his mother. Turn on desktop notifications? Share on Google Plus. Another reason not to have an affair in North Carolina. The story must be told. Sign up for email updates from the "Confronting the Caliphate" series. You have signed up for the "Confronting the Caliphate" series.