In most states, marital infidelity is seen as a private matter with no legal remedy. North Carolina, however, is one of the few jurisdictions that still recognizes two unique causes of action: alienation of affection and criminal conversation. These claims, sometimes dubbed “heart balm torts,” allow a spouse to sue a third party — often referred to as the “sidepiece” — for interfering in a marriage. The result is that personal choices can quickly turn into very public courtroom battles.
Alienation of affection occurs when a spouse alleges that a third party wrongfully caused the breakdown of a loving marriage. Proof doesn’t require physical intimacy — showing that the defendant’s actions destroyed affection and love may be enough. Criminal conversation, on the other hand, is more direct: it allows one spouse to sue the third party for engaging in sexual relations with their partner during the marriage. These claims can lead to staggering jury verdicts, sometimes reaching six figures or more.
Despite their notoriety, these lawsuits are controversial. Critics argue they weaponize heartbreak and encourage vindictive litigation, while supporters insist they hold outsiders accountable for damaging families. North Carolina courts have repeatedly upheld the validity of these claims, though they are carefully scrutinized. While attorneys and judges continue to debate whether the heart balm actions have a place in modern law, they remain alive and well in our state’s courts.
At Lord & Lindley, we understand that high-conflict cases — whether between business partners, trustees, or spouses — demand both sensitivity and strength. If you’re facing a dispute that involves broken trust, breached duties, or fractured relationships, we can help you navigate the courtroom with clarity and confidence. Contact us at (704) 457-1010 or visit www.lordlindley.com to schedule a consultation.