Pursuing Alienation of Affections & Criminal Conversation Lawsuits
North Carolina is one of a few states that still allow the heart balm civil actions in which a spouse can recover from a third party for alienation of affections and criminal conversation lawsuits. The party must prove by the civil standard of “more likely than not,” rather than the criminal standard of “beyond a reasonable doubt.” The plaintiff, if successful, will win monetary damages. Nick Saparilas has the experience and knowledge to provide effective legal counsel when you are in need of an alienation of affections attorney in Raleigh.
Alienation of Affections
Any third party who “alienates the affections” of one’s spouse during the course of a marriage can face a lawsuit brought upon by the innocent spouse. The third-party can include any person who alienates the affections from one’s spouse, such as a friend, a meddling mother-in-law, a neighbor, or a paramour. The three things that the plaintiff must prove in an alienation of affections case are:
- The plaintiff and spouse were happily married and genuine love and affection existed between them;
- The existing love and affection was alienated; and
- The malicious conduct of the defendant was a cause of the loss and alienation of such love and affection.
Engaging in sexual relations with another’s spouse, while he/she is still married, can lead to the civil lawsuit of criminal conversation. Unlike alienation of affections, sexual contact is an element of the action of criminal conversation and must be proven. If criminal conversation is proven, a jury can award monetary damages to the innocent party.
Filing a Lawsuit
The law office of Nick Saparilas has a multitude of experience handling Alienation of Affections and Criminal Conversation lawsuits in Raleigh. Nick has successfully prosecuted and defended these unique types of lawsuits. We are prepared to effectively handle your case with the professionalism it deserves and will aggressively fight for our clients’ rights during every stage of representation. Call (919) 832-2280 today, or fill out the online contact form below to set up a consultation. During your consultation, the multi-step process of pursuing an alienation of affections and/or criminal conversation lawsuit will be explained to you in-depth. You will have the opportunity to review the elements of your unique case with Attorney Nick Saparilas and have a chance to ask any and all questions that you may have.