North Carolina is one of the few states that still allows legal claims for marital infidelity. There are two types of cases a victim of infidelity may file against a third party who interferes with a marriage: criminal conversation and alienation of affection.
Criminal conversation, or adultery, claims require you to prove that your spouse voluntarily had sexual relations with another person. In these cases, the defendant in the lawsuit would be the person who had sexual relations with your spouse.
Alienation of Affection
If you previously enjoyed a happy marriage but someone interfered with the relationship by, for example, having sexual relations with your spouse, you could file a lawsuit against that individual for alienation of affection. In these cases, you need to prove 1) that you had a healthy marriage previously, 2) that the individual interfered with and destroyed your marital happiness by having an affair with your spouse, and 3) that this loss of your spouse’s affection concretely impacted you and reduced your quality of life.
An attorney can help you determine whether your particular circumstances warrant legal action. Consult one of our family law attorneys if you would like to learn more.