Alienations of Affections


#1

Hello, I recently moved to North Carolina Charlotte area with my Husband and 3 Kids. Up until recently We have has a fairly normal marriage with its ups and downs and fair share of issues but was a happy marriage. All of a sudden my husband up and left me and my 3 daughters (the youngest only being 4 months old) and being here only a short time left us knowing almost no one. Come to find out he has been cheating on me with another woman and that is why he left. I would like to know what is needed to build a case for Criminal conversation and Alienation of Affections case against this home wrecking woman who has helped to ruin my life and my the lives of my precious little girls. I have lots of evidence all ready: phone records, recipts of him buying her stuff, etc.
Thanks,
Broken hearted


#2

You will need to prove:

Your and your husband happily married and a genuine love and affection existed between you;
The paramour’s actions were a contributing factor that caused the alienation of affections of the marriage;
The paramour was aware that her actions would likely cause the your husband’s affection for your to be alienated.

To be awarded compensatory damages it must be proven that the paramour’s conduct proximately resulted in the loss of services in the home, loss of support, including present and future earnings the offending spouse, loss of consortium (sexual relations),emotional distress and/or injury to the aggrieved spouse’s reputation. Compensatory damages may also include the costs of litigation, including attorney’s fees for both the Alienation or Criminal conversation action.

These cases are complicated, and end with a jury trial. I strongly recommend you retain a lawyer if you pursue such a claim.


#3

Thank you Erin! While our marriage was not perfect (there are no perfect marriages) I do have people who will testify about that we were happily married with no intentions of seperation or divorce before this happened, from friends to relatives to the real estate agent. Also I was wondering if it is necessary to get photos of them together or are phone records(pages and pages of texts which I plan on having subpoenaed) and receipts enough?
Thanks!
borken hearted…


#4

Any evidence of their relationship will be helpful, phone records, photos, restaurant and hotel receipts, ect,


#5

Erin,
I have continued to gather Evidence of his unfaithness and I now have more then enough to prove he is cheating. If we are going to Mediation vs getting lawyers for the divorce is there any reason why I should not confront him and let him know that I know he is cheating?
Thanks!


#6

You may confront him if you wish, there are no legal implications for you for broaching the subject.


#7

The sue for alienation of affection you will need to prove:
Your and your husband happily married and a genuine love and affection existed between you;
The paramour’s actions were a contributing factor that caused the alienation of affections of the marriage;
The paramour was aware that her actions would likely cause the your husband’s affection for your to be alienated.

To be awarded compensatory damages it must be proven that the paramour’s conduct proximately resulted in the loss of services in the home, loss of support, including present and future earnings the offending spouse, loss of consortium (sexual relations),emotional distress and/or injury to the aggrieved spouse’s reputation. Compensatory damages may also include the costs of litigation, including attorney’s fees for both the Alienation or Criminal conversation action.

These cases are complicated, and end with a jury trial. I strongly recommend you retain a lawyer if you pursue such a claim.