Greensboro Alienation of Affection Lawyer

Greensboro Alienation of Affection Attorney

Having marital strain can be tough to go through. When discord is instigated by a third party that influences one spouse, this can bring additional strain. While many states do not allow it, North Carolina enables a person to file a claim against that third party who negatively interferes with a marriage, causing one spouse to lose affection. This is called alienation of affection, and a Greensboro alienation of affection lawyer can help with this issue.

Why Choose Us?

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we understand how difficult it must be to live through alienation of affection. We can advocate for you and represent you if a third party is willfully interfering in your marriage, leading to a loss of affection from your partner.

We can provide you with the legal counsel that you need for this process. Our team can outline your options for you after reviewing the details and circumstances of your situation. We can also gather information and evidence on your relationship to help build an appropriate case, proving both interference and malicious intent.

What Is Alienation of Affection?

In certain areas, including Greensboro, NC, a spouse may file a legal claim for “alienation of affection” against a third party for intentionally interfering in their marriage and causing their spouse to lose love and affection for them. The foundation of this tort is the idea that an external party’s acts have harmed or destroyed the marriage.

The essential requirement for the claim is that the behavior of the third person was the main reason behind the alienation of affection.. Evidence of an extramarital affair is not necessary. If the plaintiff’s claim is successful, they may be awarded compensatory damages, as well as punitive damages, for the emotional and relational damage they suffered.

Alienation of affection does not always have to be the result of an extramarital affair or some form of unfaithfulness. For example, a third party can be a mother-in-law who constantly speaks negatively of her child’s spouse and encourages them to withdraw affection in some way.

How to Prove Alienation of Affection

To show that a third party caused the alienation of affection, certain facts need to be proven in court. Some of these include:

• The plaintiff was married to their spouse, and they shared a deep affection for one another. The plaintiff does not have to demonstrate that the union was ideal. However, they must demonstrate that the couple had a loving relationship before a third party got involved.
• The marriage’s love and affection were shattered. This can be proven by presenting documentation of the divorce or by demonstrating in some other way that the marriage has deteriorated and is no longer filled with the love and affection that it once did.
• The defendant was directly responsible for the spouses’ estrangement and the destruction of their affection. There are several ways to accomplish this. Usually, the defendant is accused of urging the plaintiff’s spouse to pursue an affair or luring them into it. The accused party must have made a deliberate attempt to sabotage or disrupt the marriage and create an atmosphere of discord.
• A reasonable person would conclude that the defendant’s actions would cause the couple to lose interest in one another and lead their marriage to dissolve. It must be clear that this behavior would cause the marriage to fail.

Defenses Against Alienation of Affection Allegations

There are a few defenses that a person could use in an alienation of affection case. The plaintiff does not necessarily have to prove that the defendant intended to destroy their marriage. They instead have to prove that they took deliberate actions that would unavoidably have a negative effect on the marriage.

The defendant can claim that they were unaware that the plaintiff was married, especially in cases where infidelity was present. The defendant can provide proof that the unfaithful spouse pursued them and not the other way around.

A defense may also be used if the defendant can demonstrate that the love in the marriage or the affections of the spouse had already been gone prior to the defendant’s actions.

FAQs

How Much Does It Cost to Sue for Alienation of Affection in North Carolina?

The cost of filing a claim in North Carolina for alienation of affection can vary significantly based on a number of variables, including the intricacy of the case, the hourly fee of the lawyer, and the length of the court proceeding. In addition, there may be filing fees, expert witness expenses, and deposition costs. Certain attorneys may provide a contingency fee agreement, in which they take a portion of the damages awarded and only get paid if they win the case.

Is It Worth Suing for Alienation of Affection?

Determining whether it is worth filing a claim for alienation of affection will depend on a number of variables, such as the quality of the evidence, the financial and psychological harm inflicted, and the possibility of recovering large damages. Even though some plaintiffs have received significant awards, the procedure may be expensive, time-consuming, and emotionally draining. An attorney can discuss your pros and cons so you can make an informed decision.

How Do I Prove Alienation of Affection in North Carolina?

To prove alienation of affection in North Carolina, there are a number of facts that you must establish. These include proving that:

1. A loving marriage existed between the spouses.
2. The love and affection were destroyed.
3. The third party’s conduct directly destroyed the affection.
4. The plaintiff suffered damages as a result of the alienation.

What Proof Do You Need for Alienation of Affection?

To prove alienation of affection, some evidence will be necessary. This includes:

• Showing proof of the marriage, such as a marriage license
• Testimonies from relevant parties, such as friends and family, who can testify to the state of the marriage
• Communication records between the defendant and the other spouse
• Photos or videos of the defendant and the other spouse

Contact LAWSMITH, The Law Offices of J. Scott Smith, PLLC

If you have suffered from alienation of affection, LAWSMITH, The Law Offices of J. Scott Smith, PLLC, can help. Contact us today for more information.