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  • Writer's pictureJames Chau

Alienation of Affection Lawsuits In Conservative States

Updated: Oct 17, 2022

I read a really great article about North Carolina changing their law books to deny the filing of a lawsuit called Alienation of affection against a third party during a married couples formal separation. Some critics argue that this will make the one year separation period required in North Carolina moot, which originally was intended to allow married couples a chance to reconcile. If during the formal separation the party is allowed to essentially “cheat” without consequence then that makes the requirement of a one year separation unnecessary some argue. The alienation of affection lawsuit allowed the aggrieved party to sue a third party for causing the breakdown of their marriage. Often the victor was able to get six figure damages. Other people argue that the cheating on the spouse is a symptom of the breakdown of the relationship not the cause of the breakdown.

Alienation of affection is an antiquated lawsuit that still exists in the more conservative states. In California fortunately we have a no fault divorce here. Which is a more modern concept. In California it is considered a no fault divorce state. What no fault means is that whatever the reason for the breakdown of the relationship, be it cheating or loss of love, there is no fault assigned to the party for the breakdown of the relationship. The no fault means there are no repercussions in spousal support or other areas of law to the “faulty” person.

I am a San Jose Divorce Lawyer practicing in Santa Clara County. If you have any Sunnyvale Family Lawyer needs please contact my office.

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