Q: Does Infidelity Automatically Qualify as Alienation of Affection?
A: No, infidelity doesn’t always qualify as alienation of affection. While an affair can be strong evidence of interference, alienation of affection claims focus on the loss of love, companionship, and emotional connection. If the person your spouse had an affair with didn’t intentionally set out to cause harm to the relationship, like in cases where they didn’t know your spouse was married, you might not have a claim.
Q: How Do I Prove the Third Party Intentionally Interfered With My Marriage?
A: To prove that the third party intentionally interfered with your marriage, you need to gather evidence like communications, witness statements, or patterns of behavior that show the third party knowingly caused harm. Demonstrating intent is crucial, as accidental or incidental involvement usually doesn’t meet the legal standard. Our team can help collect and present evidence in a way that strengthens your case.
Q: Can I Settle an Alienation of Affection Case Out of Court?
A: Yes, you can settle an alienation of affection case out of court. Many of these claims can be resolved through negotiation or mediation before reaching trial. Settling out of court can save time, reduce stress, and provide a more predictable outcome. Our experienced alienation of affection attorneys can negotiate on your behalf to secure fair compensation while protecting your privacy and legal rights.
Q: Can I File an Alienation of Affection Claim if I’m Still Married to My Spouse?
A: Yes, you can file an alienation of affection claim if you’re still married to your spouse, so long as the affection in your marriage has been intentionally destroyed by a third party. The law focuses on the interference caused by someone outside the marriage, not the status of your relationship at the time you file. Our team can help evaluate your situation and determine whether you have a valid claim under North Carolina law.