Locust Alienation of Affection Lawyer

Locust Alienation of Affection Attorney

If someone came between you and your spouse and intentionally caused problems in your marriage or led you and your spouse to a divorce, you may have grounds for an alienation of affection case. North Carolina is one of about six or seven states that still honor this type of compensatory tort claim. If pursuing this type of claim is important to you, it is highly recommended that you seek the legal advice of a Locust, NC, alienation of affection lawyer.

A Family Law-Focused Locust, NC, Alienation of Affection Lawyer

Lehnhardt Price Family Law is focused on providing its clients with more personalized and dedicated legal attention. We offer all our clients one-on-one time with their skilled family law attorneys in Locust and further continuous access to that lawyer for questions and information regarding their cases. We value our clients and work hard to ensure that they meet their legal goals.

The Enigma of Alienation of Affection

Most states have​ abolished​ laws that​ allow spouses to seek compensation from third parties for alienation​ of affection. Efforts to eliminate the bill from North Carolina​ statutes​ were thwarted back in the 80s, again in the 90s, and once again in the early 2000s. This was a time when many states were finding the law to be obsolete in modern-day culture, but North Carolina maintained their stance.

While some states frown upon alienation of affection claims, North Carolina courts still acceptingly hear roughly 200 alienation of affection cases per year. Not only are these claims welcomed in NC courts, but they’ve also resulted in some very large award amounts over the past few decades. During the 20-year period of 1998 to 2018, seven different $1 million awards and a $9 million award were determined to be owed to the plaintiffs by the decision of a jury.

The series of successful alienation of affection claims in North Carolina rose to amounts ranging from $5 million to $30 million. It is unlikely that your alienation of affection claim will pay out millions of dollars, but that’s not to say it hasn’t happened in the past. Claims are filed in the Superior Court of the city in which either spouse lives.

Locust residents can file alienation of affection claims with the Superior Court District 28 at the Stanly County Courthouse, located at 201 South 2nd Street, Albemarle, North Carolina.

How to Win an Alienation of Affection Case

To optimize your chances of winning an alienation of affection case, you should first hire an alienation of affection lawyer who has represented cases like these before. Your Locust separation agreement attorney should also have a good understanding of NC alienation of affection laws. You should note that there is a three-year statute of limitations for these cases, so addressing them earlier is better.

Essentially, these claims are akin to personal injury claims, but you could think of them as marital injury claims because the harm they seek to compensate for is to a marriage.

Therefore, one of the definitive components of a successful alienation of affection case is to prove that there was an existing loving marriage before the other party came into the picture. In other words, the marriage was not already failing or falling apart.

Proof is then required that the third party intentionally and maliciously acted in wrongful ways to cause the destruction of that loving marriage and the affection between the couple.

A third important piece of an alienation of affection case is to prove that the plaintiff suffered as a result of this third party’s interference in their marriage. An extramarital sexual relationship is not required to have a successful claim. However, the relationship between the third party and the spouse cannot have occurred after a separation because this would refute the happy existing marriage component.

Evidence must be presented in all three components. This may come in the form of witness testimony, ring cam footage, text messages, call records, emails, social media posts, social media messaging, photos, letters/cards, gifts, or any other type of tangible evidence that exhibits a loving marriage, a pattern of interference by another party, and a loss of affection due to that pattern, which ultimately harmed the marriage.

Why Choose Us?

Hiring a Locust alienation of affection attorney means you get a compassionate legal representative who is compelled to fight for your rights as aggressively as necessary. The Lehnhardt Price Family Law legal team is equipped to represent you during an alienation of affection case.

FAQs About Locust, NC Alienation of Affection Law

Can I Sue for Alienation of Affection in NC?

Yes, you can sue for alienation of affection in NC. In fact, NC is one of only a few states that still support this law, as many states have found it outdated. Many NC plaintiffs, in fact, have been very successful in these cases, with some winning cases that were worth millions of dollars.

Is It Worth Suing for Alienation of Affection?

Suing for alienation of affection can be worthwhile, depending on your situation. First, the evidence must be substantial enough to support your case. Second, the defendant must have substantial funds to pay if you win; otherwise, it’s a financial loss. Because few of the claims like these ever see their first day in court, it can be risky to file these types of claims. The good news is that many of these cases settle outside of court.

How Hard Is It to Prove Alienation of Affection?

It’s harder than most people think to prove alienation of affection. This is because you must prove that there was an intentional and diabolical interference by a third party that caused a decline in your marital affection. Juries often scrutinize evidence meticulously to identify the defendant’s fault in the decline of the marriage. If the relationship with the third party occurred while the couple was separated, there’s a very low chance that you will win your case.

What Qualifies as Alienation of Affection?

Alienation of affection can be identified in a number of marital issues that occurred as a result of a person’s interference in the marriage. This could be due to an affair between the outside party and one spouse, also called adultery; constant communication or contact of the spouse by the third party to divert attention from their marriage to the third party; the use of psychological manipulation; and encouragement of the outsider to divorce and end their marriage.

Hire an Alienation of Affection Lawyer Who Stands Up for Your Interests

We understand both sides and can use our knowledge of the other side to fight for you in court, if necessary. Contact our office and schedule a consultation with a Lehnhardt Price Family Law, Locust, NC, alienation of affection lawyer before the statute of limitations on your claim runs out.