My spouse cheated, how can I get a divorce and sue the "home-wrecker?"

Nothing will appease the anger and hurt that you feel as a result of your spouse's infidelity. No amount of money will help you get over the feelings of betrayal, however, the courts in NC may assist you in bringing a claim for money damages against your spouse AND their new flame.

Against the Spouse

You may have a claim for alimony and/or spousal support when you are filing for your divorce. While a NC divorce is awarded regardless of the fault of either party, a claim for alimony is fault-based. The court will determine whether or not your spouse cheated during the marriage, therefore causing the divorce, and will award you alimony payments based on each spouse's contributions to the marriage, length of marriage, and the severity of the infidelity. While you are awaiting an award of alimony, you may qualify for spousal support if your spouse supported you throughout the marriage. Your spouse may have several defenses and there are issues of timing when filing for alimony  so give me a call for more information at (919) 321-6569.

Against the Home-wrecker 

• Alienation of Affections Civil Claim 

NC is one of the few states that still observes the claim of Alienation of Affections. It punishes the "home-wrecker" for interfering with a marriage that was once happy and enjoyable. It does not require a sexual relationship as meddling mother-in-laws and neighbors may also be sued under this claim. However, the actions that broke up your marriage must have happened before you all separated. Once you have proven that their actions caused your marriage to break up, you could recover money damages from the "home-wrecker."

• Criminal Conversation Civil Claim

Criminal Conversation is a cut and dry claim for "You slept with my spouse, now pay up." It is a strict liability claim so it is no defense to respond "I didn't know he was married." Even if he/she didn't know they were sleeping with a married man/woman, they can still be found liable. The acts must have occurred before you all separated, and once found liable, the "home-wrecker" will have to pay money damages to you. There is a short statute of limitations period and you may also have a claim for additional punitive damages so contact me for more information at (919)321-6569, nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC.