For an AA claim, does it matter if the marriage was in trouble before the affair started? How do you prove/disprove that the affair did in fact alienate the spouse’s affection?
There are actually two claims of action which can be filed against a paramour, the first being criminal conversation. North Carolina will have jurisdiction over the claim if the illicit sexual behavior took place within this state. To have a chance at successfully pursuing this action the aggrieved spouse will need to prove:
The paramour and the offending spouse engaged in an adulterous relationship during the marriage;
To be awarded compensatory damages: the aggrieved spouse will need to prove the paramour’s wrongful and malicious conduct was the proximate cause of harm in that the paramour has cast dishonor on the marriage bed, alienating the affections of the offending spouse and that paramour destroyed the domestic comfort, causing loss of consortium (sexual relations), loss of support, including present and future earnings of the other spouse, emotional distress. The costs of litigation can also be included, including attorney’s fees.
To be awarded punitive damages it must be proven that the paramour’s conduct was willful, malicious, wanton, and oppressive.
The second cause of action is alienation of affection. To successfully pursue this action the aggrieved spouse will need to prove:
The spouses were happily married and a genuine love and affection existed between them;
The paramour’s actions were a contributing factor that caused the alienation of affections of the marriage;
The paramour was aware that his/her actions would likely cause the other spouse to alienate his or her affections for the other spouse;
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.
To be awarded punitive damages the requirements are the same as listed above.