Alienation of Affection and Criminal Conversation in NC: Love, Lawsuits, and the Cost of Infidelity

Alienation-of-Affection-and-Criminal-Conversation-in-NC

Some states have long abandoned lawsuits over broken hearts, but in North Carolina, you can still sue the person who stole your spouse. Two legal claims, alienation of affection and criminal conversation, allow a wronged spouse to seek damages for a third party’s role in the destruction of a marriage. And yes, despite the name, "criminal conversation" is neither criminal nor conversational. In fact, it is a civil claim for adultery. These laws add a unique twist to divorce proceedings, blending emotional grievances with tangible legal consequences.

Alienation of affection: when love is stolen

Alienation of affection allows a spouse to sue a third party (often a lover, but potentially anyone who interfered with the marriage) for destroying the love and affection within the marriage. To win, the plaintiff must prove:

  1. The marriage had genuine love and affection before the interference.
  2. The affection was alienated due to the defendant’s actions.
  3. The defendant’s conduct was the primary cause of the alienation.

There is no requirement to prove an affair—just that someone wrongfully interfered with the marital relationship. This means a meddling in-law, a manipulative friend, or even a therapist who encouraged separation could be on the hook.

Criminal conversation: the price of infidelity

If you thought "criminal conversation" was just your friend’s awkward attempt at small talk, think again. Criminal conversation is more than just a cheeky term; it's about suing someone who’s gotten physical with your spouse during your marriage. It sounds like a soap opera plot, but it’s actually a relatively straightforward claim: one spouse sues a third party for having sex with their spouse during the marriage. Unlike alienation of affection, no proof of emotional manipulation is required, just that an affair occurred. The plaintiff must show:

  1. A valid marriage existed at the time of the affair.
  2. The defendant engaged in sexual relations with the plaintiff’s spouse.

Example: The telltale message


Emma suspects her husband, Jake, is cheating. She finds texts between Jake and another woman, Rachel, discussing a weekend getaway at a secluded cabin. When Emma pulls credit card records showing Jake booked the cabin and both their cars were spotted nearby, she files a criminal conversation lawsuit against Rachel.

Legal nuances

Not every scorned spouse can sue. Some key limitations include:

  • No claims after separation – If the affair or interference happened after the couple separated, the claim usually fails.
  • Consent as a defense – If a plaintiff tolerated or encouraged an open marriage, proving damages becomes difficult.
  • Statute of limitations – Lawsuits must be filed within three years of the last wrongful act, pursuant to N.C. Gen. Stat. § 1-52(13).

Heart balm torts in the modern world

While some see these claims as outdated, they serve as a deterrent against reckless interference in marriages. They also provide financial compensation for betrayed spouses, sometimes leading to multimillion-dollar verdicts.

The attorneys at Jetton & Meredith can help

Infidelity and marital interference can be emotionally and legally complex. If you are considering filing an alienation of affection or criminal conversation claim, or if you have been accused, having experienced legal representation is crucial. Contact Jetton & Meredith today for a consultation and let us guide you through your options.