Alienation of Affections & Criminal Conversation Claims Lose Some Ground

House Bill 1110, entitled "An Act To Clarify Procedures In Civil Actions For Alienation Of Affections and Criminal Conversation" was signed into law on August 3, 2009. The effective date of the law is October 1, 2009 and it will apply to actions arising from acts occurring on or after that date. The act is codified at N.C. General Statues sect. 52-13 (a), (b), and (c).

The act make one distinct change to the current laws controlling actions for Alienation of Affections ("AA") and Criminal Conversation ("CC"). Under the new law, after spouses physically separate from one another with the intent of of at least one of them to live permanently separate and apart, a third person who then becomes romantically and/or sexually involved with one of the separated spouses cannot be sued by the other spouse for AA or CC. Currently, a third party risks exposure for claims of AA and or CC if he/she involves him/her self with a married but separated person.

The new law specifies that a person may sue only another natural person, as opposed to a corporation or other entity, for AA or CC.

Finally, the statute of limitations for these civil actions is three years for the last act of the defendant giving rise to the cause of action.