Alienation Of Affection Attorney In Raleigh
Helping Spouses Navigate North Carolina Law in Sensitive Situations
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.
To successfully bring a lawsuit related to alienation of affection, you must prove that certain aspects of the case are true, including:
- The marriage existed based on genuine love before the malicious acts of the third party.
- The love and affection of the marriage were destroyed.
- The destruction of love and affection in the marriage was caused by a third party’s wrongful or malicious acts.
At Gantt Family Law, we handle many cases of alienation of affection and criminal conversation. We can investigate the case to determine whether affection existed and to find evidence to support your story. If you are seeking financial compensation for an alienation of affection or criminal conversation claim, we are the team you want by your side. We are also dedicated to defending clients accused of sexual relations that led to a loss of love and affection.
Whether another has wronged you or you are defending a suit, contact one of our experienced lawyers to discuss your options. Reach out to Gantt Family Law right away at (919) 737-7161 to learn more about affection laws and defend your rights.
Discreet Counsel for Emotionally Complex Claims
With decades of experience, Richard Gantt provides thoughtful legal guidance in delicate matters, including alienation of affection. As part of a respected, board-certified family law firm, he approaches each case with discretion and skill.
We understand that marital misconduct can be extremely upsetting and may even feel embarrassing to talk about. We can listen carefully and respectfully while you explain what has happened. We can also answer your questions thoroughly and in easy-to-understand terms, so you know what to expect in your case.
When one spouse tries to prove alienation of affection, it is crucial to have legal counsel from experienced attorneys. Whichever side you fall on, you can rely on our legal team for discreet, dedicated legal counsel and representation.
Compassionate Support You Can Rely On
As an example, see the following review to get a feel for the compassion, respect, and dedication with which we treat our clients:
“I never thought I would find myself needing a family lawyer, but I am glad I had Richard in my corner. He empathized with my situation and addressed all my concerns throughout the entire process. Richard was in constant communication with me and was readily available when I had concerns or questions. His legal knowledge and courtroom presence are unrivaled.”
– Matthew
What Qualifies As Alienation Of Affection?
In North Carolina, a wronged spouse may seek compensation for criminal conversation from the third party that interfered with the marriage. Your lawyer can assist in determining whether your unique circumstances may give rise to an alienation of affection or criminal conversation claim.
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 regarding your circumstances.
Who Initiates Alienation Of Affection Lawsuits?
To file an alienation of affections lawsuit, you must do so within three years of the last actions that caused the break in the relationship. It’s usually the spouse hurt by the affair who files a lawsuit against the paramour. However, there may be instances where they sue the spouse who engaged in the affair instead.
Alienation of affection lawsuits are generally filed once the marital relationship has been irreparably damaged or destroyed, which can apply to more than just a marital affair. This could include emotional and romantic interludes with a third party. It does not require that the offending spouse have had sexual intercourse to establish the damage to the relationship.
How Can Spouses Prove Infliction Of Emotional Distress?
The plaintiff spouse may try to demonstrate infliction by proving the following applies to the cheating spouse:
- They engaged in extreme and outrageous conduct.
- They intentionally tried to inflict emotional distress on their partner.
- They feel indifferent about the emotional distress their affair caused.
We can help you review whether your spouse’s actions fall under these guidelines.
What Are The Defenses To Alienation Of Affection Lawsuits?
Regardless of your position — plaintiff or defendant — you must understand the possible defenses to alienation of affection. As the plaintiff, you prepare yourself to counter the tactics of the defense. As the defendant, it can help you choose a sound strategy for overcoming your situation.
Some examples of defenses we use for alienation of affections claims include:
- The defendant can claim they were unaware that the other party was married (no wedding ring, claims of being single).
- Evidence of the spouse aggressively pursuing the defendant (intimate messages, social media flirting) can help the defense.
- Showing that the defendant’s actions were not romantic (casual friendship, supportive behavior) might be a defense.
- Proof that the marriage was in trouble before the defendant’s involvement (counseling records, separate finances) can strengthen the defense.
What Are The Odds Of Winning An Alienation Of Affection Case?
The incredibly nuanced nature of these lawsuits makes predicting success or failure problematic without an attorney review. Every situation is different, with unique factors that can turn the tide either way. For example, it may be hard to prove a former loving marriage if affectionate displays were not something you engaged in as a couple.
Since affection alienation lawsuits involve third-party interference with a happy marriage, a detailed chronology of the marital relationship is crucial. It should demonstrate a positive and affectionate marriage dynamic before the third party’s involvement.
The following forms of evidence can strengthen an alienation of affection claim:
- Photos and videos of shared vacations, anniversaries, and everyday happy moments.
- Written expressions of affection and sentiment, such as love letters and cards.
- Positive social media posts with family updates and declarations of love.
- Financial records demonstrating shared long-term goals (buying a home or vacation property together).
An experienced attorney can be a powerful asset in an alienation of affection suit. They can assess your situation and craft a compelling legal strategy that maximizes your odds of success. Amidst the emotional turmoil you may be experiencing, your lawyer can provide a level-headed perspective and emotional support, allowing you to focus on healing with the knowledge that your case is in good hands.
What Are the Differences Between 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 usually 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.
Alienation of affection is a specific legal term that refers to disrupting the existing love and affection that existed in the marital relationship prior to the introduction of a third party. If one spouse successfully files such a lawsuit, they may receive additional compensation due to the defendant’s conduct.
Emotional distress refers to the pain and suffering caused by the affair. The cheating spouse may be found liable for destroying the marriage and causing distress to the wronged spouse. Such charges could lead to further financial compensation in North Carolina.
Attorney Richard Gantt has extensive experience representing clients in high-profile divorce trials that speak to these differences. We understand how North Carolina law impacts divorces that include alienation of affection or criminal conversation. We can help defend accused spouses and seek compensation for victims of adultery.
What Damages Can Spouses Receive For Alienation Of Affection?
Two types of damages can be obtained through an alienation of affection lawsuit: compensatory and punitive. Compensatory damages can include any monetary and non-monetary damages that you may have suffered, such as lost wages or emotional distress.
Some damages are easier to calculate than others, such as actual losses from therapy or lost work. Other damages, such as emotional distress, are less visible and are more difficult to put a number on. The legal team at Grantt Family Law can help you determine fair compensation for your losses and suffering.
Punitive damages are normally imposed by a jury for particularly egregious behavior and can be capped at a certain amount. Attorney fees are sometimes awarded when the other spouse is required to pay both spouses’ legal fees. Contact our law firm immediately to learn what compensation you are owed in your criminal conversation or affection alienation claim. We can also defend accused spouses in negotiations and in North Carolina courts.
Our Raleigh Alienation Of Affection Attorneys Can Help You With Your Marital Tort Case
Having a trustworthy, experienced attorney is crucial in any divorce case. If you are dealing with accusations of adultery or other marital misconduct, you may have even more to lose. We can explain your rights and options and help you determine the best path for your Raleigh/Durham divorce.
At Gantt Family Law, we are experienced in handling cases involving marital torts. If another person has damaged your marriage or if you are being sued over these claims, contact us today to discuss how the law applies. We take the time to listen to our clients and develop a strategy based on their unique situation.
Our founder, Richard Gannt, is a Board-Certified Family Law Specialist with more than 20 years of experience, which he can leverage in your situation. Call (919) 737-7161 today or complete our online form to set up an initial consultation.