North Carolina Marital Torts
Marital torts, often called “heart-balm” torts, are civil claims allowing individuals to recover damages when their spouse has cheated and/or left them for another. North Carolina is one of the few states where these torts remain legally viable. At Gantt Family Law, we handle many cases of alienation of affection and criminal conversation. Whether another has wronged you or you are defending a suit, contact one of our experienced lawyers to discuss your options.
Who Initiates Alienation Of Affection Lawsuits?
It’s usually the spouse hurt by the affair filing a lawsuit against the paramour. However, there may be instances where they sue the spouse who engaged in the affair instead.
What Qualifies As Alienation Of Affection?
In North Carolina, these are typically the basic requirements for filing an alienation of affection lawsuit:
- The spouses had a happy and loving marriage before the affair.
- The spouses no longer have a happy and loving marriage.
- The affair played a role in the decline of their marriage.
Additionally, “affair” does not exclusively include sexual intercourse. While a sexual affair can be one example, so can other forms of emotional or romantic infidelity. Your situation is unique, and you may wonder how it fits within the description. Our lawyers can help you find clarity around your circumstances and help you approach them when preparing your case.
Alienation Of Affection, Criminal Conversation And Emotional Distress
Criminal conversation happens when a spouse has a sexual affair outside of the marriage. People typically file these claims alongside an alienation of affection claim. The plaintiff is typically the spouse who says they are a victim of the sexual affair as they try to prove how the affair destroyed their marriage and inflicted emotional distress on them.
How Can Spouses Prove Infliction Of Emotional Distress?
The plaintiff spouse may try to demonstrate this by proving the cheating spouse:
- Engaged in extreme and outrageous conduct.
- Intentionally tried to inflict emotional distress on their partner.
- Feels indifferent about the emotional distress their affair caused.
We can help you review whether your spouse’s actions fall under these guidelines.
We Can Help You With Your Marital Tort Case
At Gantt Family Law, we are experienced in handling cases involving marital torts. If another has damaged your marriage, or you are being sued for these claims, contact us today to discuss how the law applies. We can explain your rights and legal options today. Call 919-518-9540 today or complete our online form to set up an initial consultation.
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