North Carolina is one of only a few states still allowing Heart Balm Actions.In a marriage where one spouse is being unfaithful, Heart Balm Actions allow the faithful spouse to sue their spouse’s paramour. North Carolina is one of the few states that still allow Heart Balm Actions.
There are two types of cases that a victim of infidelity may file against the other person: criminal conversation and alienation of affection.
Criminal conversation requires proof that the plaintiff (the faithful spouse) was married and that the defendant (the unfaithful spouse’s paramour) had voluntary sexual relations with the plaintiff’s spouse during the marriage, also known as adultery.
Alienation of Affection
Alienation of affection requires a happy marriage between the plaintiff (the faithful spouse) and spouse that includes love and affection and destruction of that love and affection by malicious acts of the defendant (the unfaithful spouse’s paramour).