Laws change, and those in North Carolina are no exception. However, some critics say certain laws need revisiting. One such example was recently brought back to light when an ex-husband won a judgment against a man he claimed broke up his marriage.
Alienation of affection laws still exist in North Carolina, and some advocate people should start using them. The staff at George Collins, P.A., considers it important that you understand that any law that applies to your situation may become relevant at some point. Take the time to explore the events that lead to an alienation of affection suit.
Infidelity and divorce
The recent case in Greenville highlights the issue of adultery and how the parties involved may face punishment. Affairs do not always begin at the downturn of a relationship, like those involved usually claim. Instead, the affair itself may cause a rift to form and tear the marriage apart. Thus, without the infidelity, the union had a good chance of surviving.
The alienation of affection law allows one party to sue the person they feel is responsible for stealing away the affections of a spouse. To prevail at trial, the person filing the lawsuit, the plaintiff, must provide evidence demonstrating that the marriage was intact and functional before the defendant came into the picture. This evidence may come in the form of photographs, travel records, the testimony of others, text messages, etc. If the court believes that the defendant played an integral part in the destruction of the union, the judge may impose damages payable to the plaintiff.
Ending a marriage is never an easy decision, and if it happens because of a third party, it may become harder to tolerate. If you would like more insight into the divorce process, visit us here.