Alienation of Affection

North Carolina is one of the few states that still recognize alienation of affection as a cause of action.  A deserted spouse can pursue an alienation of affection claim against a third party who he or she feels alienated the spouse.  In most cases, the defendant is a cheating spouse’s lover.  Closely related to alienation of affection, but distinct and separate, is the offense of criminal conversation, which seeks damages in connection with the act of sexual intercourse between the guilty spouse and a third party.  Such matters involving liability of a third party for interference in a marriage are often complex and difficult to prove and are best handled by one of our experienced Smith Debnam divorce attorneys.