Rosen Says Century Old Law on Adultery Still a Big Question for Divorcing Couples
Released on: September 19, 2008, 8:50 am
Press Release Author: Alison Beckwith
Industry: Law
Press Release Summary: North Carolina law still allows spouses to sue for money damages based on allegations of emotional harm caused by a third party to the marital relationship
Press Release Body: Raleigh, N.C. – A law dating back to the 1800s, and on the books in only a handful of states, is still so unknown it’s one of the most common questions asked by divorcing couples on Rosen Law Firm’s NC Divorce Talk Radio LIVE at radio.rosen.com. Each Wednesday, the Internet radio show allows listeners to call in and ask attorneys live questions about divorce. Host Lee Rosen says alienation of affection is a common topic that’s discussed again and again.
“People are still unsure how alienation of affection could affect them and whether the law applies to their situation,” says Rosen, founder and president of Rosen Law Firm, who has tried to encourage lawmakers in North Carolina to abolish the outdated law. “Getting rid of this law has come up multiple times in the North Carolina legislature, but no one wants to essentially legalize adultery.”
The alienation of affection cause of action allows a spouse to sue for money damages based on allegations of emotional harm caused by a third party to the marital relationship. It was first recognized in New York in 1864 and rested on the belief that wives were the property of their husband and if someone stole a wife from her husband he would be denied the benefits of his property. Only seven states including North Carolina, Illinois, and Utah still recognize the alienation of affection cause of action.
North Carolina House Bill 681, a bill to abolish the alienation of affection and criminal conversation torts, was introduced in the 2007 session of the General Assembly, but was never taken up by a House Committee. A similar bill in 2003 passed the House but failed in the Senate.
“People use the law to go after a third party in a divorce and they also use the law for leverage in negotiating a settlement,” said Rosen to a caller on a recent show. “Some people think these torts protect the sanctity of marriage, but it can actually destroy families, I’ve seen it many times.”
Rosen Law Firm hosts a weekly live call-in show every Wednesday at 11 a.m. on NC Divorce Talk Radio called Rosen Live. Listeners can have their questions answered live on the show on topics regarding alimony, child support, separation, and other family issues while also listening to licensed attorneys discuss new and emerging legal issues. To have your questions answered on the show, please call 919.256.1552 or ask your questions in the live chat room below the video window at http://radio.rosen.com
*** About NC Divorce Talk Radio NC Divorce Talk Radio was launched by Rosen Law Firm in 2008 and consists of three online programs: Carolina Roundtable, Rosen Live, and NC One-on-One. Updated regularly, each show provides listeners with in-depth advice and analysis on divorce-related matters and features some of the hottest debates concerning family law in the U.S. Visit: http://radio.rosen.com
About Rosen Law Firm Rosen Law Firm has offices in Raleigh, Charlotte, and Chapel Hill. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staffs of attorneys and other legal professionals expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. Practice areas include child custody, alimony, property distribution, separation agreements, and domestic violence relief. For more information visit: http://www.rosen.com
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