Few issues do more damage to a marital relationship than sexual infidelity. The discovery of an extramarital affair can devastate one spouse and can lead to the marital relationship completely falling apart.
North Carolina has unique rules that apply in cases where divorce follows infidelity. The spouse impacted by the cheating may have the option of not only asking for justice in the family courts but also holding the affair partner accountable in civil court. In some cases, they can also bring lawsuits against their unfaithful spouses.
Alienation of affection lawsuits can provide compensation for emotional distress and economic harm related to a recent divorce. Those suing generally need to act quickly, as there is a three-year statute of limitations that applies. What evidence do plaintiffs need if they want to take legal action against a cheating spouse?
1. Proof of adultery
The first and most important type of evidence a spouse needs in an alienation of affection scenario is proof that an extramarital affair actually occurred. Audio recordings, financial statements, video footage, pictures and even social media posts can help provide a compelling narrative about the cheating that occurred and the identity of the parties involved in the affair.
2. Proof of awareness
Some people cheat on their spouses while simultaneously lying to their affair partners. They claim that they have already filed for divorce or that they are not married at all.
Their affair partners may end up shocked and hurt when they learn the truth. People who are unaware that their actions constitute adultery may not be legally culpable for becoming intimate with married individuals.
Therefore, proof that someone knew about their partner’s marital status is necessary for an alienation of affection lawsuit. Text messages discussing the spouse’s schedule or criticizing their appearance can help meet this key requirement for litigation.
3. Proof of harm
Those trying to hold an affair partner or unfaithful spouse accountable for the consequences of an affair must establish what those consequences were. Financial records could help show that divorce negatively impacted an individual’s standard of living. The testimony of mental health professionals could help validate claims that adultery affected someone’s self-esteem or future opportunities for relationships.
The good news for those hoping to take legal action against an affair partner is that the standard of evidence in civil cases is lower than what the state requires to convict an individual of criminal activity. They only need to show that a preponderance of the evidence supports their allegations.