In North Carolina, you can file a lawsuit if you found out that your spouse was or is currently having an extramarital affair or any other third party’s doing was causing instability in your marriage that has eventually brought you to a divorce.
There are only a small number of states like North Carolina that allow this type of lawsuits, brought about by “alienation of affections and criminal conversation”. This law is based on the kind of damage or loss that is experienced by an innocent spouse when victimized by acts of a third party that eventually lead to the demise of a marriage.
The criminal conversation claim, on the other hand, is founded on damage, loss and injury that are based on the sexual activities of the third party (the defendant) and the spouse of the plaintiff. In this law in North Carolina, whenever there is a proved act of sexual intercourse outside the marriage, each of this can be raised as a separate claim for criminal conversations.
To be able to claim for the damages done on this basis, you would have to prove 3 things:
- That sexual intercourse actually happened in between the third party and your spouse.
- That there is an existing and lawfully valid marriage.
- That the acts of adultery happened within the statute of limitations of three years.
The only valid defense to this type of criminal conversations claim is that the plaintiff gave consent to the acts of sexual intercourse outside the marriage. Marital instability, ignorance and seduction are not counted as viable defenses.
On the other hand, there is more difficulty in proving alienation of affections. Usually this kind of claim is based on an intentional act done by a third party to be able to alienate the innocent spouse from the other spouse’s affections.
This kind of claim has its basis not only limited to adultery. It can be brought up against lovers, family members, clergy and any other party who seeks to destroy a marriage with intention. To be able to raise this claim successfully, the plaintiff should be able to prove the following:
- That there was love in the marriage.
- That he or she had suffered loss when the marriage was destroyed or when the affections were alienated.
- That the third party had clear intentions of destroying the marriage or alienating affections.
North Carolina is known to be very accommodating to innocent spouses. They are awarded in tens of thousands for damages.
Extramarital affair can be prevented with the help of NLP training. NLP training can bring out the most of your life, it is essential to acknowledge the importance of learning. It is also carried out to help individuals improve performance in any context. NLP or even Neuro-linguistic Programming refers to a couple of communication strategies to improving personal and professional development in every couple.
Please note that the data above is for purposes of information only and not as legal advice.