One of my arguments was just because you don t like something doesn t mean it s unconstitutional, he explained.
North Carolina is one of only six states (Mississippi, South Dakota, New Mexico, Utah, Hawaii) plus Puerto Rico where Alienation of Affection considered a heart balm tort is still legal. A spouse can sue
any person who alienated the happy marriage. Some lawyers call it a mother-in-lawsuit, because, indeed, an in-law can get in the way, said Greensboro-based family law attorney Jessica Culver, Esq.
Culver feels the law s origin is antiquated. This comes from the same dogma that created the idea that women wives are their husband s property, she said.
NC could ‘break up’ with Alienation of Affection, illegalizing heart balm lawsuits Meghann Mollerus
Replay Video UP NEXT
North Carolina could soon break up with Alienation of Affection, its controversial, centuries-old law allowing a spouse to sue the homewrecker who ruined the marriage.
A group of state House democrats is putting the lovers lawsuits under fire, filing legislation to abolish the statute and overhaul major components of NC s divorce laws. I have so many cases that have come our way since we last spoke that it.has surprised me, said Forsyth County-based trial attorney Scott Smith, Esq. One of my arguments was just because you don t like something doesn t mean it s unconstitutional, he explained.