The third element in proving an alienation of affection claim in North Carolina is the proximate cause of the defendant’s malicious conduct. Proximate cause refers to the relationship between the defendant’s conduct and the loss of love and affection between the plaintiff spouse and the alienated spouse.
In order to prove proximate cause, the defendant’s conduct must have been the controlling or effective cause of the loss of love and affection. It is not enough for the defendant to simply be the object of the alienated spouse’s affection, but they must have actively participated, initiated, or encouraged the conduct that led to the loss of affection.
It is important to note that the consent or initiation of the conduct by the alienated spouse provides no defense to the plaintiff’s claim. This aspect of the law has been criticized as it disregards the free will and individual mind of the alienated spouse, viewing them as an object to be stolen away.
The abrogation of this tort, however, is up to the North Carolina Supreme Court or the General Assembly.
Proving proximate cause in an alienation of affection claim in North Carolina requires demonstrating a relationship between the defendant’s conduct and the loss of love and affection between the plaintiff and alienated spouse. The defendant’s conduct must have been the controlling or effective cause of the loss of affection and there must have been some active participation, initiative, or encouragement on the part of the defendant.
In conclusion, if you are considering filing a claim for alienation of affection in North Carolina, it is essential to understand “proximate cause” and how it relates to your case. An experienced family law attorney who is knowledgeable about the case law in North Carolina can provide you with the guidance and representation you need to pursue a successful claim for alienation of affection. However, you must strengthen your case with independently-verified evidence if you want to increase your chance success at trial. An Aubor Group private investigator in North Carolina can help you acquire court-admissible evidence for your alienation of affection lawsuit.