Legal Question in Family Law in North Carolina

Caselaw; there are no statutes on this in general. In 2009 the NC legislature finally did place a limit on this by providing that there can be no alienation of affection actions after the parties separate. See NC GS � 52-13.

NC GS � 52-13. Procedures in causes of action for alienation of affection and criminal conversation.

(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.

(b) An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.

(c) A person may commence a cause of action for alienation of affection or criminal conversation against a natural person only.

Most states have abolished these "Heart Balm" types of actions, but they have survived in NC and Hawaii, Illinois, Mississippi, New Mexico, South Dakota, and Utah.

Proof of Alienation of Affection

In North Carolina, an injured spouse can sue the person who caused a married person to suffer the loss of affection of their spouse, so long as the marriage was peaceful and intact at the time of the affair. In layman�s terms, the innocent spouse can sue the other spouse�s girlfriend or boyfriend. To prove alienation of affection, the innocent spouse must show:

(1) that the innocent spouse and other spouse were happily married and a genuine love and affection existed between them;

.

(2) the love and affection was alienated and destroyed; and

(3) The wrongful and malicious acts of the defendant produced the alienation of affection.

Different courts put different spins on it but those are the basics. Criminal conversation is basically having sex with a person who is married but not separated.