What Alienation of Affection and Criminal Conversation Mean in North Carolina

North Carolina is one of only a handful of states that still recognizes the third-party tort claims for Alienation of Affection and Criminal Conversation. Successful cases can result in significant damages. At Smith Cash Family Law, we represent both plaintiffs and defendants in these claims.

WHAT YOU HAVE TO PROVE

Factors That Affect Elements of the Claim

To prevail in an alienation of affection claim, you must prove all three elements. The part most people do not know: you do not have to prove sexual intercourse occurred. Emotional interference — manipulation, persistent pursuit, deliberate alienation — can be enough. This is what makes North Carolina's law uniquely powerful, and uniquely fact-specific.

Alienation of Affection

1. A loving marriage with genuine love and affection; and 2. That the love and affection was been alienated by the third party.

Criminal Conversation

1. That there was a valid marriage; and 2. The third party and your spouse had sexual intercourse.

How We Work

How We Handle These Cases at Smith Cash Family Law

01

Review the Evidence Honestly

We will review the evidence that you have and give you our honest feedback on your case.

01

Review the Evidence Honestly

We will review the evidence that you have and give you our honest feedback on your case.

02

Assess the Pros and Cons of Court

Once we have reviewed the evidence and your case, we will discuss potential settlement and the pros and cons of going to court.

02

Assess the Pros and Cons of Court

Once we have reviewed the evidence and your case, we will discuss potential settlement and the pros and cons of going to court.

03

File, Negotiate, or Try the Case

After a lawsuit is filed, we will be preparing for a jury trial while also trying to negotiate a result that is in your favor.

03

File, Negotiate, or Try the Case

After a lawsuit is filed, we will be preparing for a jury trial while also trying to negotiate a result that is in your favor.

Find out if you have a case.

Contact us for a confidential conversation so we can help you understand your options. No commitment, just clear guidance so you can decide what is right.

Faq

Your alienation of affection questions, answered honestly.

Is there a time limit to file?

Yes. The statute of limitations is three years.

Can I be sued for alienation of affection?
Does a lawsuit for alienation of affection or criminal conversation affect other issues I am facing?
How much money can I win?