NORTH CAROLINA MARITAL TORTS
Marital torts, often dubbed “heart-balm” torts, are civil claims which allow 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 you have been wronged by another or you are defending a suit, contact one of our experienced lawyers to discuss your options.
ALIENATION OF AFFECTION
Alienation of affection claims must satisfy three elements:
The plaintiff and spouse were happily married and a genuine love and affection existed between them;
The existing love and affection was alienated; and
The malicious conduct of defendant was a cause of the loss and alienation of such love and affection.
Criminal conversation is a claim often filed alongside alienation of affections. There are only two elements for this claim:
Actual marriage between plaintiff and his or her spouse; and
Sexual intercourse between defendant and plaintiff’s spouse.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Marital torts are often coupled with claims of intentional infliction of emotional distress. There are three elements to this claim:
Extreme and outrageous conduct by the defendant;
An intention to cause severe emotional distress; or represents a reckless indifference to the likelihood that such conduct will cause severe emotional distress;
And which does in fact cause severe emotional distress to the plaintiff.
At Gantt Family Law, we are experienced in handling cases involving marital torts.If your marriage has been damaged by another, or if you are being sued for these claims, contact us today to discuss how the law applies to your situation.We can explain your rights and legal options today.
Watch Richard's vlog entry about infidelity and alienation of affection.
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