Alienation of Affection

North Carolina is one of the few states that still has this type of tort claim, which is generally known as a “heart balm action.” A tort is a civil action for monetary damages. This action is brought against third parties and not your spouse.

A claim for alienation of affection involves proof that there was a genuine love and affection between you and your spouse and that the third party, whom you are pursuing, was essentially the effective cause of your spouse’s alienation of affection from you. Alienation of affection claims can be, and usually are, coupled with claims for criminal conversation. They can be heard before a judge or a jury, with most cases being heard in front of a jury.

Our family law attorneys can assist you in assessing whether or not to pursue an alienation of affection claim or defending against such a claim.