Raleigh Divorce Lawyers Alert – Recent changes to North Carolina alienation of affection laws
North Carolina Divorce & Family Law Firm – Gailor, Wallis & Hunt
Raleigh, North Carolina — The esteemed North Carolina divorce and family law attorneys at Gailor, Wallis & Hunt, PLLC constantly work on behalf of their clients to keep them informed of their rights as they relate to the laws of the state.
In keeping with their commitment, the divorce law firm issued an alert as to recent changes in North Carolina alienation of affection and criminal conversation laws.
When adultery is committed in a marriage, the domino effect of emotional distress of the partner who was cheated on is ten fold. The feelings of rejection, anger, grief and humiliation as well as potential loss of financial support, depression, and other factors are considered a personal injury in North Carolina, whose public policy is against the interference of a third party in a marriage.
The state of North Carolina recognizes two causes of action that allow an injured spouse to sue for money damages based on allegations of harm to the marital relationship caused by a third party. These causes of action are for “alienation of affections” and “criminal conversation.”
In North Carolina, the statute of limitations for both alienation of affection and criminal conversation is three years. The statute begins to run at the time of the loss of affection, which is determined on a case-by-case basis.
Previously, acts between the spouse and third party that occurred after the date of separation but before absolute divorce may still in some circumstances be plausible for a claim.
However, effective October 1, 2009, a plaintiff must file a claim within three years from the earlier of (a) the date of the last act or (b) three years from the date of separation, even if the alienating behavior and/or sexual intercourse continued after the date of separation.
Also effective October 1, 2009, claims may be brought against natural persons only; business entities may not be sued for these torts.
About The Law Firm
The Raleigh, North Carolina family lawyers of Gailor, Wallis and Hunt help couples work through the emotional and financial entanglements that occur when a marriage or committed relationship dissolves. The firm offers highly skilled representation in mediation, arbitration, separation and property settlement agreements, divorce, alimony and child support and equitable distribution of property.
For a confidential and personal review of your case, contact Gailor, Wallis & Hunt at 1-866-362-7586 or read more about this topic online at http://gailorwallis.com/hotopics.html.
Gailor, Wallis & Hunt
Raleigh Family Law Firm
1101 Haynes Street, Suite 201
Raleigh, North Carolina 27604