Legal Question in Family Law in North Carolina
What are the requirements for using allination of affection as a basis for an action against a person?
1 Answer from Attorneys
The requirements for a claim of Alienation of Affection are: (1) Plaintiff and his or her spouse were happily married and a genuine love and affection existed between them; (2) Defendant�s (the paramour's) were a contributing factor that caused Plaintiff�s spouse to alienate his or her affections from Plaintiff; and (3) Defendant was aware that his or her actions would likely cause Plaintiff�s spouse to alienate his or her affections from Plaintiff.
You would prove criminal conversation where there is adultery between the plaintiff's spouse and the defendant while the plaintiff and his/her spouse are married and living together and not separated.