Alienation of Affections, Criminal Conversations


#1

It really depends on the situation. The most obvious things would be surveillance by a private investigator, witness testimony, phone records that are legally obtained, pictures and credit card and bank statements of strange transactions. You cannot access another person’s email without their permission, as it would be a federal offense.

The NC Legislature has voted on whether to abolish these actions for several years, and each year the bill does not pass. I can’t give you an estimate, because it is up for debate all the time. You should contact your Congressperson for more information.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

What does your firm charge to get started on this type of case?


#3

I am not a lawyer (yet) but it is my understanding that you would be looking at, at least, $10,000 a month (that is assuming you would even have standing to bring this suit since, if I read your post correctly, you would be filing on behalf of your brother). AOA/CC are expensive claims to bring and the jury awards vary wildly. I have no idea what Rosen & Assoc. charge but I know that they do NOT do these claims on contingency. In fact, because the awards are so speculative and because usually the defendant has NO assets to speak of, it is VERY rare to find a lawyer to bring these claims on a contingency basis. In fact, AOA/CC claims only make up about 1% of all divorces filed in NC. I find it hard to believe that only 1% of divorces are cause by marital infidelity. Maybe one of the lawyers with Rosen & Assoc. has a more solid figure of infidelity in divorce proceedings.

IN MY PERSONAL OPINION, the NC legislature would be well advised to abolish these claims all together.


#4

Dear LittleBro:

Greetings. Our fees for alienation of affections and criminal conversations vary depending on the case. If you would like to meet with an attorney to discuss the fee, you can contact Jessica in our office. She is a great help in scheduling an appointment.

Generally, these types of trials are expensive jury trials which you must pay. I do not know of any firms that take these cases on a contingency basis. The fee would at least be in excess of $20,000.00.

While I agree with lawstudent2be that these cases are rare, due to their costs, I do not think they should be abolished. Instead, I think that they should be allowed to be heard without a jury, in district court, and made more accessible. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#5

Questions

  1. What type of evidence is good enough to win a case in Alientation of Affections?

  2. What type of evidence is good enough to win a case in Criminal Conversations?

  3. The NC Legislature is contemplating pulling the plug on this cause of action, when in your best estimate do you think this will take place?

Thanks