Legal Question in Family Law in North Carolina
What are the requirements for using allination of affection as a basis for an action against a person?
1 Answer from Attorneys
The requirements for a claim of Alienation of Affection are: (1) Plaintiff and his or her spouse were happily married and a genuine love and affection existed between them; (2) Defendant’s (the paramour's) were a contributing factor that caused Plaintiff’s spouse to alienate his or her affections from Plaintiff; and (3) Defendant was aware that his or her actions would likely cause Plaintiff’s spouse to alienate his or her affections from Plaintiff.
You would prove criminal conversation where there is adultery between the plaintiff's spouse and the defendant while the plaintiff and his/her spouse are married and living together and not separated.