An open adoption is when both the biological parents and the adoptive parents agree that the adopted child can find his or her birth parents in the future. A closed adoption is when the birth parents do not wish to have the child find them. For medical purposes in a closed adoption, it is wise to provide some means of access to the biological parents’ health records in case a genetic disorder...
Adoption is the legal process of establishing a parent/child relationship in which one person takes the child of another person as his or her own and assumes complete legal custody and responsibility for that child. The biological parent(s) give up their parental rights and responsibilities severing all legal ties to the child. The adopted child has the same legal rights as a biological child of...
As in defenses against allegations of alienation of affection, a defendant may give evidence that the statute of limitations has passed or that the married spouses were already separated when the extra-marital sex occurred. The defendant may also claim “contrivance.” Contrivance is when the plaintiff gives consent to the sexual conduct. Some of the defenses against alienation of affection...
Criminal Conversation is simply another word for adultery or extramarital sex. Whereas alienation of affection law protects the right to love and affection in a marriage, criminal conversation law protects the right to sexual exclusivity in a marriage. To prove a criminal conversation claim, it must be established that the innocent spouse and the adulterous spouse were in a lawful marriage and...
There are several possible defenses for a defendant who has been sued for alienation of affection. The claim may be dismissed if the lawsuit falls outside the three-year statute of limitations for filing, or the defendant’s conduct occurred after the couple were separated. There are also affirmative defenses which may be pled by the defendant including the claim he or she did not know the...
The plaintiff in an Alienation of Affection case should establish ample evidence that the marriage was good before the defendant came into the picture and alienated the affections of the other spouse. This can include cards and gifts given to the plaintiff by their spouse during the marriage, romantic trips and vacations the spouses took together, wedding photographs depicting a happy family and...
Alienation of affection is when a third party interferes in the marriage of two spouses and causes the innocent spouse to suffer loss of affection from the other spouse. Alienation of Affection lawsuits are civil legal actions seeking monetary damages from the other spouse’s boyfriend or girlfriend that alleges his or her responsibility for harm to the marital relationship. To make the claim,...
Large damage verdicts have been awarded in North Carolina in these cases. The verdict amounts are largely dependent on the facts and evidence in the particular case. Greenville family law attorney, Cynthia Mills, won a $5.9 million verdict for her client in a Pitt County, North Carolina 2010 Alienation of Affection lawsuit, Acara v. Pecoraro. It was the second highest amount ever awarded in...
North Carolina laws allow a spouse to sue a third party who interferes with the sanctity of his or her marriage. These are civil actions called Alienation of Affection and Criminal Conversation lawsuits. They are tried in Superior Court instead of in Family Court because they are civil “torts.” A tort is defined as a civil wrong for which the injured party is entitled to compensation....
Prenuptial Agreements can be complicated contracts. A legal mistake can have profound consequences. Couples sometimes feel awkward expressing their wishes in writing the agreement. An experienced family law attorney who is sensitive to the emotional issues can make the process more comfortable, ensure that your prenuptial agreement leaves nothing out – and can aggressively defend the contract...
