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