There are numerous marital torts, according to North Carolina family law. The most common are alienation of affection and criminal conversation, both of which are civil actions.
If you believe your spouse has had an extra-marital affair and you believe that his or her paramour has caused your separation, you may have a “third party claim” against the paramour. In order to establish liability in an alienation of affection suit, you must prove a) the existence of a happy marriage, b) that the marriage has been destroyed or damaged by the paramour, and c) that the damage to your marriage was caused by the malicious interference of the paramour.
In order to establish liability for criminal conversation, you must prove that the paramour engaged in sexual intercourse with your spouse during the course of your marriage and before your separation.
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