AA/CC in NC post Aug 2009


#1

The article on your website on AA and CC says this:

“Conduct which occurs after the date of separation can be considered by a court to not only corroborate behavior that occurred before the date of separation, but is enough on its own to maintain an action for criminal conversation.”

But this seems inconsistent with the bill (H1110) passed on July 23, 2009 which Bev Purdue signed into law on Aug 3, 2009 which includes this:

“No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff’s spouse physically separate with the intent of either the plaintiff or plaintiff’s spouse that the physical separation remain permanent.”

Could you comment? Am I reading this right? It seems that the new law allows intimacy with a paramour after a separation has begun, contradicting how i read the sentence i quote from your article.


#2

The bill effectively changes the law to prevent a claim for alienation of affection or criminal conversation to be based solely on post date of separation conduct.