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In order for an innocent spouse to win an alienation of affection claim he/she must show by at least 51% certainty that: A claim for alienation of affection is not necessarily barred by the legal separation of a married couple.However, a claim for alienation of affection requires the innocent spouse to show that the actions of the third-party to the marriage led to the destruction of the love and affection that existed in a marriage.The court may look at post-date of separation relationships as evidence that either spouse committed adultery prior to the marriage.The post-separation relationship with a third-party does not directly affect alimony amounts, but it could lead the court to believe that there was an extra-marital affair that took place prior to the separation, which would affect the alimony amount.
We believe the domestic violence movement can change society. The National Domestic Violence Hotline is 1-800-799-7233 (SAFE). There are service providers throughout North Carolina who are ready to assist you.
North Carolina used to consider adultery as a class 2 misdemeanor, and opened people up to criminal prosecution. However, adultery in a marriage can lead to some less than favorable results for an adulterous spouse.
Proof of adultery by one spouse in a marriage can affect the alimony the adulterous spouse has to pay to the innocent spouse after a divorce is finalized.
It will also support NCCADV's public policy efforts to educate national and state leaders on the issue of domestic violence and influencing national and state legislation, policy and funding decisions that keep victims of violence safe.
In North Carolina, adultery can be used as a basis for divorce.
However, unlike criminal conversation, alienation of affection does not require the innocent spouse to show that actual sexual intercourse took place between the adulterous spouse and a third-party during the marriage.