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Defense of Alienation of Affection | Wyatt Early Harris Wheeler LLP

Practice Area: Family Law

Defense of Alienation of Affection and Criminal Conversation

North Carolina is one of five states that still has tort actions of criminal conversation and alienation of affections. These common law torts arise out of an outdated concept that spouses are like property and when you lose a spouse, then you should have a right to sue the person responsible for the loss of that spouse. Seldom do adulterous relationships occur as a result of seduction, but more often is a result of mutual attraction.

The torts of alienation of affection and criminal conversation have also been used in the past as a form of blackmail wherein lawsuits are threatened if sufficient amounts of money are not paid to satisfy the claims and avoid publicity.

Although these are legitimate torts in North Carolina, we have chosen to normally limit our representation to the defense of these torts in civil jury trials.

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