Wesley Chapel Alienation of Affection Lawyer

Wesley Chapel Alienation of Affection Attorney

North Carolina is one of only four states that still acknowledge laws that deem alienation of affection a tort, for which an individual can file a legal claim against someone for depriving them of the marital love and affection they should have received from their spouse. If your spouse cheated, or if some other third party alienated your spouse from you, you may be entitled to compensation from the other party for the loss of your marital affection. If you are in this situation, reach out to a Wesley Chapel alienation of affection lawyer to learn more.

A Wesley Chapel, NC divorce lawyer at Lehnhardt Price Family Law can discuss your case from a place of experience and knowledge. These cases are not common and are rather complex, but our attorneys are equipped to handle them and have successfully represented both plaintiffs and defendants in cases like these.

How Do You Win an Alienation of Affection Case in Wesley Chapel?

Alienation of affection cases fall under a law that has been around for a very long time, but state lawmakers believe the law is still relevant, as they updated the statute a little over 15 years ago. There are only about 200 claims citing alienation of affection filed each year in North Carolina, and in some cases, alienation of affection claims are simply used as leverage in divorces.

There are certain requirements that must be met for a claim like this to be successful. First, the plaintiff must prove that their marriage involved a loving and genuine relationship before the interference. Second, the plaintiff must exhibit that the marital affection and love that existed before the interference were destroyed by the entrance of the third party.

Next, there must be proof that the outside party acted in a malicious way that caused the plaintiff’s spouse to withdraw love from the marriage. If the married couple separated during the marriage, the alienation of affection must have taken place before that separation and been the underlying cause of the separation, with the defendant’s intention being to cause a permanent separation of the married pair.

Examples of evidence that can make a case include documented phone records, text messages, love letters, cards, love notes, emails, social media interactions and messages, photos or videos that were exchanged, location history records, credit card or cash receipts, testimony from friends or family members, and anything else that demonstrates there was an outside party that interfered with the marriage.

Other Caveats of Alienation of Affection

There is a three-year window for filing a claim that alleges alienation of affection, and the clock begins on the date that the plaintiff discovered the alienation. These are worthwhile claims, and when successful, it is not uncommon for these cases to bring a large settlement. In 2023, a North Carolina Court of Appeals alienation of affection case awarded one individual more than $1.3 million. It is important to understand, though, that these cases do require solid and tangible evidence to be successful, and such high awards are not very common.

It’s also worth noting that there is no requirement for the plaintiff to prove their spouse had sexual intercourse with the third party in order to have a valid claim. They must only provide adequate proof that their due affection from their spouse was lost because of a third party’s interference. Consulting with a Wesley Chapel alienation of affection lawyer regarding the substantiality of your evidence can save you time and money by steering you in the appropriate direction.

Alienation of Affection Claims Are Not Necessarily Always Due to a Romantic Involvement

Alienation of affection claims can be brought against third parties who were not romantically involved with the plaintiff’s spouse but who did interfere in the relationship and ultimately were at fault for the dissolution of the affectionate marital bond.

For instance, a parent of a spouse who disapproves of the marriage, a sibling, a friend, an ex-spouse, or even an adult child can be at fault. A claim can be filed against anyone who made it difficult for the marriage to flourish and influenced one party to turn against the marriage.

FAQs About Wesley Chapel, NC Alienation of Affection Law

How Do You File a Claim for Alienation of Affection in NC?

In order to have a valid claim against someone for alienation of affection, certain points must be established, including proof that a genuine and loving bond existed and that the affection between the couple was destroyed by a third party who maliciously acted with the intention of destroying the bond.

How Much Does an Alienation of Affection Attorney Cost in NC?

The cost for an alienation of affection attorney in NC will vary. Some factors that can affect the cost are how complex the case is, how much time it takes, where the attorney is located, and whether or not the case goes to court. It is wise to consult with an attorney to get an idea of what the cost will be for your circumstances.

Is It Worth Filing a Claim for Alienation of Affection?

Whether or not filing a claim for alienation of affection is worth it can depend on many factors. You may want to consider the emotional toll of the claim on those involved and the potential for public knowledge should the case go to court, as well as whether or not the defendant has the means to pay the settlement. However, only you can determine if it will help you gain closure on your marriage. You can discuss the potential for financial compensation in your case with an attorney.

Contact a Wesley Chapel Alienation of Affection Lawyer

If you think you might have a legitimate case for an alienation of affection claim, a qualified attorney can evaluate your case and help you navigate the NC legal system. Contact Lehnhardt Price Family Law to speak with a member of our knowledgeable and compassionate Wesley Chapel legal team to discuss your case today.