Marital Torts

North Carolina recognizes several marital torts, the most common being alienation of affection and criminal conversation; both of which are civil claims.

If you suspect your spouse had an extramarital affair and believe the affair partner contributed to the breakdown of your marriage, you may have a potential claim against that third party.

To establish liability in a claim for alienation of affection, you must prove:

• There was a happy marriage

• The marriage was damaged or destroyed

• The damage was caused by the wrongful and intentional actions of the third party

To prove criminal conversation, you must show that the third party had sexual intercourse with your spouse during your marriage and before the date of separation.

These claims are for money damages only and are not always cost-effective or helpful to pursue. It is important to discuss with an attorney whether bringing a marital tort claim makes sense in your particular situation.