North Carolina Divorce Lawyers Blog

Articles Tagged with alienation of affection

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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 →

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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.

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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[1]. 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[2].

Finding Fault in North Carolina Divorces

North Carolina does recognize marital misconduct in alimony calculations[3]. Marital misconduct can include any of the following acts[4]:

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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 →

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BASSIRI V. PILLING, 2023-NCCOA-___. 

Facts: Plaintiff and his wife were married and residents of North Carolina. In 2019 through 2020, Defendant and Wife began a romantic relationship while Wife was still married to Plaintiff. Plaintiff filed for Alienation of Affections. Discovery was served on Defendant, and Defendant served responses wherein he stated that he and Wife engaged in intimate activities in California, Nevada, and Utah, but never North Carolina—and that Defendant had never set foot in North Carolina. Defendant filed motions to dismiss based on lack of subject matter jurisdiction. The trial court granted the motion and ordered that the lawsuit be dismissed because the evidence shows no conduct in North Carolina. Plaintiff appealed.  Continue reading →

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Beavers v. McMican, 2022-NCCOA-547.

Facts: Plaintiff David Beavers was married to Wife Alison Beavers in 2004. Plaintiff discovered that Wife had an affair when he found texts and photos on Wife’s phone, sent to a contact labeled “Bestie.” Wife eventually admitted that she had engaged in sexual acts with the person, referring to him as Dustin, a co-worker. Wife later admitted to having intercourse with a co-worker but did not provide a name. Plaintiff became wary of Dustin’s existence and thought that Wife was still concealing information regarding her affair. Plaintiff and Wife separated. Continue reading →

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Wayne Hopper, Legal Assistant

King v. Huizar (In re Huizar), 609 BR 482

Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially sue for the “theft” of his wife. Modern Alienation of Affection/Criminal Conversation laws allow spouses of either gender to bring a suit.

While similar in spirit, these two torts differ in what they assert. In an alienation of affection claim, one spouse is seeking damages against a third party for wrongful acts that interfered with the marital relationship, thus depriving them of the love and affection of their spouse. They are sometimes colloquially referred to as “homewrecker” laws or “heartbalm” torts. On the other hand, criminal conversation refers specifically to adulterous, extramarital sexual acts between the Plaintiff’s spouse and a third party. Continue reading →

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Clark v. Clark and Barrett, 2021-NCCOA-653 (2021)

  • Facts: A married couple, the Clarks, lived in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. The couple argued and Wife ultimately had to be hospitalized due to the stress. More texts and explicit photographs were discovered on Husband’s phone a few months later. The photos were clearly taken in the Clark home. In September 2016, Husband finally left the marital home after Wife threatened to call Barrett and ask about the affair. In January 2017, Husband and Wife acquired some land in which to build a house. A few months later the couple executed a separation agreement. Husband and Wife at one point in 2017 reconciled and resumed an intimate relationship. However, during this time, Husband was still carrying on an intimate relationship with Barrett. That relationship went as far as conceiving a child with Barrett via in vitro fertilization. Wife filed an Alienation of Affection lawsuit against Barrett. Barrett was held liable, and she appealed.

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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 →

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A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there minor children affected by dating; have martial funds been used to support the new relationship; and, probably most importantly, when did you start seeing this new person? Continue reading →