Heart balm actions in the state of North Carolina take the form of Alienation of Affection and Criminal Conversation. These are actions against third parties that have had an affair with your spouse.
The first claim, Criminal Conversation, involves the following elements:
a. A sexual act between your spouse and your spouse’s paramour
b. The sexual act has to occur within the state of North Carolina
c. You and your spouse cannot be separated
d. The person that had the affair with your spouse does not have to know that your spouse is married.
Criminal Conversation is essentially sex between your spouse and his/her paramour. The Court shall consider as damages: humiliation, loss of income, loss of companionship and many other things. Damages are in the form of a monetary award or money judgment.
What Is Alienation Of Affection
Alienation of Affection involves the following:
a. A relationship between your spouse and another party who attempts to persuade your spouse to leave the marriage
b. There must be a loving marriage or at least some form of affection in your marriage
c. The relationship must occur prior to separation
d. That at least some of the acts had to occur in North Carolina
e. The relationship must be the ultimate and proximate cause of the destruction of the marriage.
Alienation of Affection is essentially an act by someone to interfere with your marriage and is the ultimate cause of the end of the marriage. It does not have to be someone of the opposite sex. However, most cases are filed against someone of the opposite sex. Much like Criminal Conversation, the jury considers your damages in terms of humiliation, loss of income, loss of companionship and many of their things.
There Are Some Cases Where Only One Is Applicable
It is common that both claims for Criminal Conversation and Alienation of Affection are filed together. However, there are some cases where only one is applicable. The attorneys at Johnson Law are skilled at litigating cases for both Alienation of Affection and Criminal Conversation.
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