Discovering that your spouse is having an affair is a devastating blow. You might even consider taking legal action, especially if you’re residing in North Carolina, which still recognizes claims for alienation of affection and criminal conversation. But how can you navigate these emotionally charged waters legally? A recent North Carolina Court of Appeals case, Beavers v. McMican, offers some insights that may be helpful for anyone in this unfortunate situation. Continue reading →
In the Tar Heel State, the unique legal doctrines of Alienation of Affection and Criminal Conversation are still very much alive and well. In simple terms, North Carolina lets you sue someone for messing with your marriage. It’s one of the few states that still do. So, if you’re having an affair or dating someone married, it may help to know the legal risks.
In North Carolina, a private investigator (PI) can play a role in divorce cases by conducting various tasks to gather evidence and information related to the proceedings. However, the specifics of a PI’s role might vary depending on the circumstances of each case. Please consult with your attorney if you have questions regarding a PI and whether to retain one for your case.
Here are some ways a private investigator might be of use in a divorce and separation case in North Carolina: Continue reading →
Filing for divorce in North Carolina is a relatively unusual experience because, unlike in many other states, filing on fault grounds is not allowed. No-fault divorces are the only type allowable in the state. Marriages can be dissolved by either spouse as long as they have been separated for at least one year and one or both of them have lived in North Carolina for at least six months.
Finding Fault in North Carolina Divorces
North Carolina is one of only a few states that allow a spouse to sue the person their husband or wife had an affair with, but this leaves many people asking what options there are for holding the cheating spouse accountable. If your spouse committed adultery and their actions caused you to suffer significantly, you may be able to file a lawsuit against them for intentional infliction of emotional distress. Continue reading →
Huffman v. Huffman, 2022 NCCOA 309 – NC: Court of Appeals 2022
In this day of dating apps, social media, and instant gratification, temptations for the unfaithful are everywhere. But so are ways to cover your tracks: it’s easier to get and delete a text message than intercept a letter, easier to lie about a location when phones are tied to specific places.
This leaves many spouses sure that something is going on, but unable to find definitive proof. Maybe he’s on his phone with a “friend” all the time, maybe he disappears at odd hours, maybe there’s a suspicious dinner for two on a credit card. The NC Court of Appeals has decided that when it comes to proving marital misconduct in court, these suspicious behaviors may be enough.
Estes v. Battiston, ___ N.C. App. ___ (2020).
In North Carolina, Alienation of Affections and Criminal Conversation are common law torts called “heart-balm” torts that put civil liability on a third party for causing a breakdown in a marriage. In recent years, attempts by defendants to challenge the tort have relied on numerous constitutional bases. Below, we discuss one avenue attempted by a defendant to bring his constitutional challenges before a court. Continue reading →
Are you concerned that your spouse or significant other may be having an affair? Have you thought about using spying software to track their online activity? Before you take that step there are Federal and North Carolina laws that could expose you to both civil and criminal charges. Continue reading →
My husband is having an affair with his secretary and I want to get that woman. I kicked him out of our home on New Year’s Day when he made an excuse that he had to go by the office for something (something? Right?), and my detective caught them red-handed. I hear about alienation of affection. Do I qualify? How much do you think I’ll get?