Understanding Alienation Of Affection
At Bull & Reinhardt, PLLC, our divorce lawyers are well aware of the elements involved with alienation of affection claims and can provide you with options available for those on either side of the issue. A third party who interferes with a marriage can be sued for alienation of affections, and North Carolina is one of the rare states in which this issue can be a factor for people going through a divorce.
We have comprehensive knowledge about divorce and the factors leading to divorce. With more than 45 years of combined experience, our professional services have assisted clients through many types of legal struggles, including divorce involving an alienation of affection.
Learn More About Alienation Of Affection
An alienation of affections claim will involve the plaintiff (the spouse filing the complaint) and the defendant (the third party or paramour). Even if you never actually file a complaint, these types of claims can be used as leverage as a threat of a lawsuit in divorce negotiations. Three elements must exist to pursue a claim for alienation of affections:
- The marriage between the plaintiff and his or her spouse
- The genuine love and affection existing between the spouses
- The defendant’s actions were the primary cause of the alienation of affections
If the third party did interfere with your loving and affectionate marriage, you, as the plaintiff, can be awarded compensatory and/or punitive damages. Compensatory damages include loss of monetary support, loss of consortium and loss of other marital interests. Punitive damages can be awarded if it is proven that the defendant’s actions were aggravated or malicious.
If you are accused of interfering with someone else’s relationship, you may have defenses and should consult with an experienced family law attorney as soon as possible to protect your interest. Our attorneys have significant civil trial experience to assist you, should you find yourself in this situation.
Arrange A Consultation With Our Asheville Divorce Attorneys
Our family law attorneys are dedicated to representing spouses on both sides of the issue because we understand that there are two sides to every story. Additionally, we handle claims arising from sexual intercourse outside of the marriage, which often go hand in hand with alienation of affections.