Like criminal conversation, alienation of affection is a civil lawsuit that an innocent spouse can bring against a third-party (not just a paramour).
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.
The court stated in criminal conversation is based on the fact that the parties are married at the time and is based on the policy that spouses have the legal right to exclusive sexual intercourse with each other even if they are legally separated.
The only defenses that are available for a paramour for engaging in sexual intercourse with a separated spouse in a criminal conversation lawsuit is that the spouses were either legally divorced or the innocent spouse provided consent to the extra-marital sexual intercourse.
In order for the innocent spouse to sue the lover of their spouse, the innocent spouse must show to the court with “51% certainty” that the adulterer had an extra-marital affair during the life of the marriage.
The ways that the spouse can show that the extra-marital lover had an affair with the adulterer is by hiring a private investigator who will investigate the adulterer’s activities.
The purpose of an alienation of affection claim is to allow an innocent spouse to sue a third-party for leading to the end of a marriage.
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.
Even if you are not having sexual relations with someone other than your spouse prior to your divorce, dating during your separation can make your private life and personal relationships a relevant topic of inquiry by your spouse and/or the Court.In many cases, it’s difficult to predict how long it will take to finalize a divorce.Nevertheless, you may find a new romantic interest or simply want to start dating during your separation period.One may ask, what are the possible legal implications for a spouse who chooses to date after a legal separation? Therefore, as of 2006 “adultery” is no longer illegal in the State of North Carolina.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.