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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. ....
North Carolina opts to keep century-old law against adultery Updated Apr 29, 2021; By Lucille Sherman, The News & Observer (Raleigh, N.C.) (TNS) North Carolinians can still sue a person who has an affair with their spouse, after a handful of lawmakers killed a bill that would have repealed a state law at least a century old. In a hearing Wednesday morning, members of a House judiciary committee split in a 4-4 vote on whether to advance House Bill 485 and eliminate the state’s “criminal conversations” law. The tie vote kept the bill from moving forward. This isn’t the first time lawmakers have attempted to remove North Carolina from a list of just six states where husbands or wives can sue a third party for having an affair with their spouse. England abolished the centuries-old law, which originated when men still considered women as property, in the 1850s. ....
N.C. opts to keep century-old law against adultery Updated Apr 29, 2021; By Lucille Sherman, The News & Observer (Raleigh, N.C.) (TNS) RALEIGH, N.C. North Carolinians can still sue a person who has an affair with their spouse, after a handful of lawmakers killed a bill that would have repealed a state law at least a century old. In a hearing Wednesday morning, members of a House judiciary committee split in a 4-4 vote on whether to advance House Bill 485 and eliminate the state’s “criminal conversations” law. The tie vote kept the bill from moving forward. This isn’t the first time lawmakers have attempted to remove North Carolina from a list of just six states where husbands or wives can sue a third party for having an affair with their spouse. England abolished the centuries-old law, which originated when men still considered women as property, in the 1850s. ....