What It Is – And Why It Matters
“Criminal conversation.” “Alienation of affection.” Maybe you’ve heard these phrases before in connection with the divorce process – and maybe you haven’t. These phrases may sound confusing and even antiquated. And that’s understandable. Sometimes, the law can seem confusing and complicated, and certain legal concepts may seem old and outdated.
You may think to yourself, “I’m not sure what these terms mean – but surely they can’t affect me and my spouse during our divorce.” But that’s where you might be wrong. While it’s true that there are currently only a handful of states that continue to recognize criminal conversation and alienation of affection claims, North Carolina is among them.
Although you can’t go to jail for these charges because they are civil and not criminal, they could cost you a lot of money if a case like this is successfully brought against you. This means that residents of North Carolina should be aware of what these claims are and why they are important.
What is Criminal Conversation?
Criminal conversation is simply a legal way of describing the act of engaging in sexual intercourse with someone else’s spouse. The terminology can seem confusing because although the word “criminal” is used, it is actually a civil claim for monetary damages. Basically, it means that a spouse can sue a third party for having sex with their spouse during the course of the marriage.
Often, only one act of sexual intercourse can be sufficient to make a claim for criminal conversation. If the spouse can prove that the husband or wife had intercourse outside of marriage on even that one occasion, a financial recovery may be possible. In fact, each adulterous action by a spouse can actually be treated as a separate criminal conversation claim.
Often, criminal conversation claims and alienation of affection claims are brought at the same time. This is because the intercourse itself is the result of the affection of the cheating spouse being “alienated” by the third party. Let’s take a closer look at the similarities and differences between these two charges.
What is Alienation of Affection?
Unlike a criminal conversation claim, a claim for alienation of affection does not require proof that a sexual relationship occurred. Instead, it simply requires proof that a third party interfered in the marital relationship and caused the alienation of one spouse from the other.
You may be wondering whether this means that a claim for alienation of affection can be made against someone who is not romantically involved with one of the parties to the marriage – and you may be surprised to learn that the answer is yes. While these claims are most often brought against a spouse’s lover, they don’t necessarily have to be. Ultimately, these claims can be brought against friends, counselors, relatives, clergy members, and any others who are deemed responsible for interfering in the marriage and causing one spouse to lose affection for the other.
To be successful in bringing one of these claims, the spouse filing the lawsuit must be able to prove that the third party intentionally and maliciously interfered with the marriage, causing one spouse to lose affection for the other. This loss of affection must have caused damages to the spouse, who brought the lawsuit. These damages might include mental or emotional suffering, loss of income, loss of consortium, or other types of damages.
A Few Frequently Asked Questions
It’s understandable that even now that you know what these claims are, you may still have some questions. After all, these types of claims are a little unusual and somewhat rare.
- I didn’t know the person was married when we had a romantic relationship. Can I still be held responsible? Yes and no. A lack of knowledge of the marriage could be a defense to an alienation of affection claim because you could not intentionally interfere with a marriage that you did not know existed. However, lack of knowledge of a marriage is typically not a defense to a criminal conversation claim.
- I am separated from my spouse, and I’ve started a relationship with someone else. Can my spouse make a claim against my new boyfriend or girlfriend? Before 2009, the answer to this question would have been yes. However, in 2009, a change was made to the law in North Carolina to limit criminal conversation and alienation of affection lawsuits to the timeframe prior to the separation of the spouses. Today, if it can be established that the spouses had physically separated with no intent to resume the marriage prior to the start of the relationship, no claim for alienation of affection or criminal conversation would exist.
- How much money is a successful claim worth? As we discussed above, these claims are civil claims. This means that jail is not a consequence – instead, the damages sought are monetary. The defendant pays the award to the spouse who brought the claim, and the award amount will depend on each case. Successful cases can have a wide range of awards. In some cases, no money is awarded, while millions of dollars are awarded in other cases. The critical thing to remember, though, is that the defendant is the one paying the money. As a result, it may not be wise to bring a claim against a defendant with few resources or little money available. Consulting an attorney before bringing a claim of this nature is always advised.
- Can someone be held responsible if they live in another state? Yes. North Carolina has what is known as a “long-arm” statute. This means that a North Carolina court can exercise jurisdiction over a person who does not actually live in the state as long as the plaintiff claims that the injury occurred in North Carolina. Under the terms of the statute, the person can be required to come to court in North Carolina and defend the case.
While we hope that the information provided in this article has been helpful to you, it’s essential to realize that it is no substitute for personalized advice regarding your particular circumstances. If you want to know more about alienation of affection, criminal conversation, or any other aspect of the divorce process, at The Law Office of Dustin McCrary we’re here for you.
The Law Office of Dustin McCrary – Here for You Each Step of the Way
At The Law Office of Dustin McCrary, we know that concepts like alienation of affection and criminal conversation can seem overwhelming. In fact, we know that this can seem true of the entire divorce process. As you contemplate all of the issues involved in a divorce, you may feel unsure of how to begin and nervous about what steps to take first. That’s okay, and it’s normal. But the good news is, you don’t have to feel that way anymore. Our team knows and understands every aspect of the process – and we’re here to help you through it each step of the way. You deserve nothing less. Give us a call today. We look forward to helping you soon.