The betrayal of adultery often brings immense pain. Nothing hurts more than knowing for sure that your partner has had or is having an affair. Truthfully, there is no legal remedy that can mute the anguish and pain you feel. However, there are legal options you can consider against the person who interfered with your marriage. Alienation of affection is an option you may be able to pursue if your spouse had an affair.
What Is Alienation of Affection?
This is a legal action you take against an offending person who has taken away the affections of your spouse and ruined your marriage. North Carolina allows the offended spouse to file a lawsuit against the third party.
What Are the Elements of Alienation of Affection?
Before filing the lawsuit, you must ask yourself if the following things are true;
- There existed a marriage with affection and love;
- The affection and love between you and your spouse was damaged;
- The intentions and wrongful acts of the third party are directly responsible for damaging your marriage;
- Alienation damaged you i.e., Led to divorce separation, economic loss, depression, etc.;
- Malicious and wrongful behavior happened before you were separated;
You have to prove that the third party engaged in acts that had a foreseeable impact on your life and marriage. You do not have to show that you had a perfect marriage, but you do have to prove that love and affection existed between you and your spouse, You can use things like letters, cards, photos, social media posts, home videos, and other documents to help to prove genuine affection and love existed during the marriage. Make a list of your marital engagements with your spouse before the interference took place, like celebrating special occasions with a special meal, bringing flowers, or taking vacations together.
Ask your friends and family who knew you during marriage to testify about the affectionate and loving behaviors they saw between you and your partner before the third party interfered. The North Carolina statute of limitations states that the lawsuit must be brought within 3-years of the said injury. Note that there is a statute of limitations in alienation of affection actions. You should contact an attorney as soon as possible to see if your claim is still viable.
What Damages Are You Entitled to If You Succeed?
Compensatory damages can reimburse you for losses suffered as a result of the third party interfering in your marriage You must prove that you are entitled to compensatory damages arising from events such as loss of spousal income, emotional distress, the costs of therapy, and depression affecting your ability to earn. You can be awarded punitive damages as a means to punish the offending third party and deter others from engaging in alienation of affection in the event of especially malicious conduct by the defendant.
The compensatory damages are monetary, and the defendant must pay the compensation. Having skilled Monroe NC Alienation of Affection attorneys representing you can help you consider and address a wide range of issues. For example, if the third party has property, income, assets, or can pay the monetary damages. The attorneys can help make the determination before they start the lawsuit procedure against the third party.
What Actions Should You Take?
Pursuing this claim can be costly, stressful, emotional, and time-consuming. Consider these factors carefully. To make a better decision, consult Monroe NC Alienation of Affection attorneys to shed more light on your available options and the best legal approach to seek.
With over 110 years of combined legal experience, you can trust your case with us.
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