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ALIENATION OF AFFECTIONS: THINK BEFORE YOU BREAK UP THAT MARRIAGE IN NORTH CAROLINA by Allen Spence
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ALIENATION OF AFFECTIONS: THINK BEFORE YOU BREAK UP THAT MARRIAGE IN NORTH CAROLINA by ALLEN SPENCE
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| Article Posted: 07/30/2013 |
| Article Views: 463 |
| Articles Written: 14 - MORE ARTICLES FROM THIS AUTHOR |
| Word Count: 449 |
| Article Votes: 0 |
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ALIENATION OF AFFECTIONS: THINK BEFORE YOU BREAK UP THAT MARRIAGE IN NORTH CAROLINA |
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Law,Judaism
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Having designs on that married person? Think again. Alienation of Affections law can be invoked against a person who has done any action/words which has resulted in death of spousal love. It’s active in North Carolina and as many as 200 suits are filed per year under this law. Courts reward hefty sums to the “victim” and heavily penalizes the “guilty”. Some lawyers argue that this is a draconian law and needs to be scraped but the North Carolina’s administration thinks otherwise. In March 2010, Cynthia Shackelford was awarded a $9 million suit against her husband’s mistress. There are some big bucks involved in this suit. This was primarily a civil wrong where the husband/wife could sue the party convincing the other to leave, but has been abolished in many states except Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota and Utah. What exactly is alienation of affections? It’s an action taken by the aggrieved party i.e. the deserted spouse against a third party responsible for the death of marriage. It’s not necessary that the interference is sexual in nature. Any harm coming on to the marriage because of a family member, relative, friend or employer has said, done or caused any changes in the guilty spouse’s behavior can be constituted under alienation of affections. It also includes the counselors, therapists or clergy members who advise spouses to seek divorce or separation. Thus, anybody remotely linked to the destruction of marriage and can be proved to be linked can be sued under this law. There have been many bills to abolish this law and as a result there are some safeguards put in place: 1. If the plaintiff and plaintiff’s spouse are separated that’s permanent in nature or either of the spouse has the intention to make it permanent, this law cannot be invoked. 2. An expiry period of three years has been set from the last act of defendant 3. This law can be invoked against a natural person only i.e. real human being, not any private or public organization Aside from this the bare minimum statues in place to make sure this is not abused are: 1. There was love in the marriage before the interference 2. Trust in marriage is destroyed 3. Malicious intentions of the third party There is no sexual encounter involved in this tort. And, all the malicious activities have to occur before the separation of the spouses. The plaintiff might be rewarded compensatory damages (value of loss of services and relationship with his/her spouse) and repay the victim for all damages. Other aspect is the punishment of the guilty part which are the punitive damages.
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