Five Fast Facts About Alienation of Affection
What is Alienation of Affection?
Alienation of Affection is a lawsuit where a wronged spouse, sues a third party (not the other spouse) for taking away their spouse’s affection and in essence breaking up the marriage. This alienation does not require adultery, but it is often involved. You can also sue the “evil-in-law” or “bad friend” for breaking up your marriage. However, there’s a catch. Are you able to prove that your marriage was healthy before this third party became involved? What proof do you have that the affair or alienation occurred?
Is it worth it?
Maybe. If you look up Alienation of Affection you may come across the case of Carol Puryear v. Betty Devlin. A judge in Raleigh awarded $30 Million to the Plaintiff. Seems worth it right? But there can be many complications. Suing for Alienation of Affection is expensive and there is no guarantee that even if you get a judgment you will ever see the money. Let’s say the person you’re suing makes $30,000 a year and you win a judgment of $ 5 million. How likely are you to actually to see that money?
Why use it?
We find that the most common way people use Alienation of Affection is as a settlement or a negotiation tool. Under some circumstances, separating spouses will want to protect their new girlfriend or boyfriend, so they are willing to give up more during the divorce to prevent that person from being sued. Also, third parties who are looking to preserve their own marriage may be willing to settle out of court to avoid their affair becoming public.
Do I have to live in North Carolina to file a lawsuit or be sued?
No. North Carolina has a long-arm statute which means if you break the law while in North Carolina you can be punished by a North Carolina court even if you do not live here. Simply stated this means that for a person to be liable (or guilty) either the acts involved in the alienation claim took place in North Carolina, or one of the parties involved lives in North Carolina. For example, if the sex took place in North Carolina, you could still sue a non-North Carolina resident for alienation of affection. Also, if one party lives in North Carolina and the other party is sending them messages, calling them, and encouraging them to end the relationship from another state, that person could still be sued in North Carolina.
Should I schedule a consultation?
If you believe you have a claim or are seeking a divorce and think Alienation of Affection is a claim you’d like to pursue, call our office for a low-cost consultation. We can also help if you are the third party being sued for alienation of affection. We can discuss your case and talk about your potential options. You can reach us by calling 980-225-1832.
