Alienation Of Affection/Criminal Conversation
Many divorces will involve disagreements between spouses on issues of child custody, alimony, division of property and other frequently contested matters. In some cases, other legal claims called domestic torts can make divorce even more complicated.
North Carolina law allows aggrieved spouses to bring a legal action against a third party. Two of these claims are known as alienation of affection and criminal conversion. These claims arise when the third party has taken some action that has threatened the sanctity of marriage of another person. A common scenario is when one spouse learns that the other has had or is having an affair.
While both alienation of affection and criminal conversion are technically claims against the third party, they often play an important role in divorce proceedings between the spouses. The aggrieved party may use the threat of filing legal action against the third party to gain the upper hand in negotiating a divorce settlement, and it is not uncommon for a claim of either criminal conversion or alienation of affection to result in a significant financial windfall for the aggrieved spouse.
Family law attorney James H. Cooke has a distinguished career that has spanned more than 40 years. During that time, he has successfully advocated for our firm’s North Carolina clients who fall on both sides of domestic disputes. Whether our clients face accusations of infidelity or believe that their marriage has fallen victim to a spouse’s indiscretion, we stand ready to help them protect vital financial and other legal interests through the divorce process.