George Sand

”There is only one happiness in this life, to love and be loved.”

In North Carolina, the torts of criminal conversation and alienation of affection are both civil causes of action related to marital relationships. These two torts allow a spouse to sue a third party for damages related to interference in the marital relationship. Here are the elements for each tort:

Criminal Conversation

Criminal conversation is a tort action brought by a spouse against a third party who has engaged in sexual relations with the plaintiff's spouse. The elements are:

  1. Marriage: There must be a valid and legally recognized marriage between the plaintiff and their spouse.

  2. Adulterous Act: The defendant must have engaged in sexual intercourse with the plaintiff's spouse during the marriage.

Proof of emotional distress, loss of affection, or the end of the marriage is not required to establish criminal conversation. Simply proving the act of adultery is sufficient.

Alienation of Affection

Alienation of affection is a tort action that a spouse can bring against a third party who is accused of causing the loss of affection or love in the marital relationship. The elements are:

  1. Genuine Love and Affection: There must have been genuine love and affection between the plaintiff and their spouse before the alleged interference.

  2. Alienation of Affection: The love and affection must have been alienated or destroyed.

  3. Malicious Interference: The defendant's wrongful and malicious conduct must have been a contributing factor in causing the alienation of affection. The term "malicious" does not necessarily mean ill-will or spite but can refer to a wrongful act intentionally performed without justification.

It is not necessary for the plaintiff to prove that the marriage ended in divorce, only that the affection was lost or diminished as a result of the defendant's actions.

These torts have been criticized for being archaic but are still legally recognized in North Carolina and a few other jurisdictions. If you need assistance with a tort of this type, please make an appointment for a free consult.

Heart being treated by medical professionals - heartbalm

Fun fact: criminal conversation and alienation of affection are often referred to as Heart Balm torts.