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A Brief Overview of Alienation of Affection

A Brief Overview of Alienation of Affection

There are many reasons people get divorced. One reason might be because one spouse becomes romantically involved with another person. If you are going through a divorce in North Carolina that was caused by a third party, you will want to learn about the civil tort claim known as alienation of affection. Here’s a brief overview.

What Is Alienation of Affection?

Alienation of Affection is commonly referred to as the “homewrecker” lawsuit. If your divorce was caused by interference from another person, you might be able to sue that individual responsible for your divorce.

Example #1 – The Lover

You and your spouse were happily married. Then, this third person came along and stole the affection of your spouse. Regardless of whether or not adultery has occurred, you are eligible to sue this other person for the dissolution of your marriage.

Example #2 – The Meddler

Your marriage can be wrecked by a third party in more than just a romantic way. For example, anyone who has suggested divorce to your spouse could potentially be sued for alienation of affection. Potential defendants include:

  • Parents
  • In-laws
  • Clergy
  • Therapists
  • Friends

Is It Really Worth It to File?

Because alienation of affection is a civil tort, you might wonder whether it is worth all the trouble to file a lawsuit. In July 2018, a North Carolina man was awarded $8.8 million from the man responsible for wrecking his marriage. A family law attorney will be able to give you guidance on whether or not your situation could warrant a lawsuit.

How Will Alienation of Affection Impact You Divorce?

If adultery is the cause of your divorce, an alienation of affection suit may greatly impact your divorce. For example, judges may consider this type of lawsuit when determining alimony. It can be particularly damaging to the adulterer if:

  • there is an alienation of affection case,
  • the adulterer is living with the third party responsible for the divorce, or
  • the child had knowledge of the affair and was negatively impacted by it

Do You Have Questions?

If you have any questions about alienation of affection or divorce in North Carolina, do not hesitate to contact Sussman Law Firm, PLLC. Our knowledgeable attorneys are happy to answer your questions and help you decide what is best for you. Call our office today or contact us online.

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