The Patterson Law Office, PLLC
Serving In Charlotte And Throughout Mecklenburg County | Call Today
704-240-5294

How long do I have to file a heart balm claim?

As this blog has discussed previously, North Carolina is one of only a handful of states that recognize so-called heart balm claims. These types of lawsuits, which include the torts of alienation of affection and criminal conversation, allow an aggrieved spouse to seek compensation from their husband or wife's partner to an extramarital affair.

These sorts of claims can give a Charlotte resident a sense of justice and closure after their marriage gets damaged or even ends because of a third party. They also allow a person to seek compensation as they would after filing other types of torts. This means the compensation for a heart balm claim can include reimbursement for both out-of-pocket costs and non-economic losses, like a person's emotional distress as a result of the affair.

Those who suspect an affair may have disrupted their marriage and wish to take advantage of North Carolina's laws need to act relatively quickly, as under North Carolina law, a person has only three years after the affair ends to file a case. Missing this deadline will generally mean that a person is out of luck when it comes to getting compensation from their spouse's affair partner.

The law restricts these sorts of claims in other ways as well. With respect to the broader "alienation of affection" tort, it is important to remember that a heart balm claim can only be filed against individuals, not businesses or other institutions. Moreover, a person may not file a heart balm claim based on something that happened after the couple started living in separate households in contemplation of a permanent separation or divorce.

No Comments

Leave a comment
Comment Information
Email us for A response

Tell UsAbout Your Situation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact The Patterson Law Office, PLLC

The Patterson Law Office, PLLC
601 East 5th Street
Suite 100
Charlotte, NC 28202

Fax: 704-848-5818
Charlotte Law Office Map

Call Today

Serving In Charlotte And Throughout Mecklenburg County