Alienation of Affection

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Love triangle leading to a divorce: your paramour could be sued

Adultery is a common case when filing for divorce, but many people are unaware of the Alienation of Affection claim that could be filed against the third party lover (also known as the “paramour”).

Alienation of Affection

What makes the Affection of Alienation claim so tricky is that it presumes that the husband and wife had a “genuine love and affection” which was effectively “alienated and destroyed” by a third party lover’s “wrongful and malicious conduct”.

It can be impossible to prove “genuine” love and affection. In North Carolina, it is often the role of the Judge to determine Alienation of Affection on a case-by-case basis.

This implication of scapegoating the paramour for the demise of the marital relationship is further complicated by ambiguity around intent.

Namely, the paramour doesn’t even necessarily have to be the instigator of the affair in order to be liable for Alienation of Affection, nor do they have to prove intent of ill will toward the Plaintiff or even require evidence of a sexual relationship to prove their case.

Moreover, there is no need to show that the paramour was motivated by ill will towards the Plaintiff. Finally, there is no need to show that the spouse and paramour even had sexual intercourse in order to prove this element of alienation of affections.

Alienation of Affection is eligible for a case for up to three (3) years after the affair occurred, and the paramour could be liable for compensatory damages and / or punitive damages determined by the jury if the evidence is sufficient enough to award damages.

If you have questions about this claim and how the process works, give us a call today at the Law Office of Janice V. Coulter to schedule a consultation with the lawyer.