Alienation of Affections & Criminal Conversation

North Carolina is one of the few jurisdictions that recognize a civil claim with money damages against a third party who interferes with a marital relationship. 

Alienation of Affections

Alienation of Affections and Criminal Conversation are rather archaic words referring to the civil action for contributing to the break-up of a marriage and having sexual relations with a married person.  Alienation of Affections claims are designed to provide a deterrent from interference with a marital relationship.  Whoever interferes with the marital relationship does so at his or her own peril. 

If alienation of affections has occurred, then monetary damages are recoverable.  Damages include nominal damages in some trivial amount for the injury that occurred and also for the recovery of actual damages.  Actual damages are dependent on the degree on which the love and affection which existed before has been destroyed or diminished.  Other considerations include any mental anguish, shame, humiliation or disgrace suffered by the plaintiff, injury to the plaintiff’s reputation, loss of support, any other adverse affects on the quality of the marital relationship.  If a judge or jury finds these damages to have occurred, then a monetary amount sufficient to compensate for said damages is allowed.

Criminal Conversation

Criminal conversation is an archaic word for adultery which simply means that one party had sexual intercourse with a married person.  The mere fact that the other spouse consented to it or even enticed sexual intercourse is not relevant, nor is it relevant that the marital relationship was accompanied by love and affection.

Furthermore, it is irrelevant whether the plaintiff had ever been previously unfaithful to his spouse.  The same degree of damages that are recoverable in alienation of affections are generally recoverable in criminal conversation cases.

For both alienation of affections and criminal conversations claims, punitive damages can also be recoverable.  Punitive damages are meant to deter and to punish reprehensible conduct.  To determine the amount of punitive damages, a court or jury may consider the purposes of punitive damages and the evidence that relates to the following:

• The reprehensibility of the defendant’s motives and conduct.
• The likelihood, at the relevant time, of serious harm.
• The degree of the defendant’s awareness of the probable consequences of its conduct.
• The duration of the defendant’s conduct.
• The actual damages suffered by the claimant.
• Any concealment by the defendant of the facts or consequences of its conduct.
• The existence and frequency of any similar past conduct by the defendant.
• The defendant’s ability to pay punitive damages, as evidenced by its revenues or net worth.

Contact M. Douglas Berry of Gabriel Berry Weston & Wells LLP Today

If you have credible evidence that you have been a victim of alienations of affection or criminal conversation, you should contact Gabriel Berry Weston & Wells, L.L.P. to schedule a consultation with Greensboro divorce attorney M. Douglas Berry.