In NC is there any option to seek criminal/civil action against someone who caused dissolution of marriage /alienation of affection?
What is the penalty to the individual?
What is the penalty to adulterating spouse?
In NC is there any option to seek criminal/civil action against someone who caused dissolution of marriage /alienation of affection?
What is the penalty to the individual?
What is the penalty to adulterating spouse?
You will need to discuss this with your local law enforcement agency to determine if you have a criminal case. Adultery is illegal in North Carolina but it is rarely prosecuted.
You can find the NC adultery criminal statute here: G.S. 14-184
You are likely going to be more successful with a civil action for alienation of affection or criminal conversation against the paramour. If successful, you could receive a monetary civil judgment against the paramour that would be owed to you.
The adulterating spouse would be barred from receiving alimony if he/she is the dependent spouse. If the adulterating spouse is the supporting spouse, he/she would be required to pay alimony to the other spouse.
Check out our detailed article Alienation of Affection - Criminal Conversation in North Carolina about the civil claims of both alienation of affection and criminal conversation.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.