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Alienation of Affection/Criminal Conversation

In order to succeed in an action for Alienation of Affection, the innocent spouse must prove that:

  • A marriage existed between the plaintiff and his/or her spouse;
  • The marriage entailed love and affection between the spouses;
  • The love and affection was destroyed;
  • The defendant’s malicious conduct contributed to or caused the loss of affection; and
  • The plaintiff suffered injury and damages.

Actions for Alienation of Affection are generally brought by the innocent spouse against the paramour of the guilty spouse and do not require proof of adultery. In fact, telephone calls and emails may be sufficient to subject a non-resident to the jurisdiction of the North Carolina courts for purposes of a suit for Alienation of Affection.
Unlike Alienation of Affection, a cause of action for Criminal Conversation does require sexual intercourse between the defendant and the plaintiff’s spouse. In order to succeed on a claim for criminal conversation, the plaintiff must prove:

  • The existence of a valid marriage between the plaintiff and the adulterous spouse;
  • An act of sexual intercourse between the plaintiff’s spouse and the defendant; and
  • The defendant suffered injury and was damaged.

In North Carolina, the statute of limitations for both Alienation of Affection and Criminal Conversation is three years. The statute begins to run from the last act of the defendant giving rise to the cause of action.

If you believe that you may have a claim for Alienation of Affection and or Criminal Conversation, you should consult with an attorney who can evaluate the merits of the claims.