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Last Modified on Jan 07, 2026
You may have wondered how social media can affect an alienation of affection case in North Carolina. Digital platforms play a significant role in personal relationships. However, posts, comments, and private messages can all be used as evidence in legal proceedings.
Understanding how your social media activity might influence an alienation of affection claim is important, as is consulting with an experienced North Carolina attorney who can help you navigate legal complexities.
Hire a Child Custody Lawyer
Surviving the breakdown of your marriage following infidelity can be especially difficult when children are involved. Hire a child custody lawyer to help you navigate the process. At Butler, Quinn & Hochman, PLLC, we have a comprehensive understanding of North Carolina family law.
We work to protect your relationship with your children and ensure your voice is heard in court. From negotiating custody agreements to representing you in hearings, our team is ready to guide you through the legal process with clarity and confidence.
North Carolina Demographics
As of 2023, North Carolina had a population of approximately 10.8 million residents, making up over 4.3 million households. Of these households:
- 60% are run by a married couple
- 16% are female-headed
- 6% are male-headed
In North Carolina, alienation of affection cases are heard in the superior court, which differs from all other types of family law matters, which are heard in district courts, such as the Western District Court at 401 West Trade Street in Charlotte. The civil claim is filed in the county where you live against the third-party responsible for the alienation of affection.
During the 2022-2023 fiscal year, 44,567 civil domestic cases were filed in district courts. Roughly 31% of cases were more than one year old, with a median case age of 154 days. Alienation of affection cases are rare, with only a few hundred each year.
Alienation of Affection
Only a few states, such as North Carolina, allow alienation of affection claims. These claims are brought to civil court where the affected spouse seeks financial compensation from a third party who they feel irreparably damaged their otherwise happy marriage.
There are four elements of an alienation of affection claim that have to be proven in court. These elements are:
- You and your spouse shared genuine affection for each other before a third party interfered.
- A third party interfered in your marriage intentionally and with malice.
- The interference of the third party caused one spouse to lose affection for the other spouse.
- There has to be a proven link between the third party’s actions and the loss of affection.
Although adultery is one of the leading causes of alienation of affection cases, it is not a requirement. An interfering relative or friend could also deliberately cause the breakdown of an otherwise happy relationship.
Social media posts are an excellent source of evidence in alienation of affection cases when your spouse posts about your private life or about seeing someone else. Matching the timeline of posts to the timeline of the loss of affection in your relationship can be used as evidence.
Criminal Conversation
A criminal conversation claim is often presented alongside alienation of affection claims when the third party is having a sexual relationship with the claimant’s spouse. Criminal conversation is a civil action taken against an adulterous spouse’s affair partner.
The burden of proof is less stringent. You have to prove that your spouse engaged in sexual activities with someone other than you while you were still legally married and living together. Actual evidence of the cheating is not necessary; only evidence inferring the relationship is required.
Effect of Alienation of Affection on Related Family Law Cases
Since North Carolina is a no-fault divorce state, you do not have to provide a reason for a divorce, and the court is not interested in the reasons behind the divorce in most cases. The only times it matters are with related family law cases, such as:
- Alimony. If there is evidence of an affair, that evidence can be used to secure alimony for the affected spouse or deny alimony to the adulterous spouse.
- Child custody. When filing for child custody in family law court, judges can consider extramarital affairs when determining what is in the best interest of the child.
- Child support. Alienation of affection cases do not have a direct effect on child support, but if a divorce caused by alienation of affection causes a stark difference in the standard of living between the two parents, that could be taken into consideration during child support hearings.
FAQs
How Hard Is it to Prove Alienation of Affection in North Carolina?
It can be very hard to prove an alienation of affection claim in North Carolina because of the high burden of proof standard. It can be difficult to prove your marriage was loving without obvious video, photo, or written proof of your affection, often found on social media.
It can also be difficult to prove that the third party acted intentionally to destroy your marriage. If your marriage was already rocky, or the affair happened during a separation, you cannot claim alienation of affection.
Are Text Messages Admissible in Court in an Alienation of Affection Case?
Yes, text messages are admissible in court during an alienation of affection case, but they have to meet certain criteria. Most importantly, the messages have to be obtained legally for them to be considered admissible.
Legally obtained messages also have to be authenticated to prove who sent and received the messages. The messages have to be relevant to the alienation of affection claim, and the context has to be included. Isolated screenshots do not provide enough context.
Do Judges Take Alienation of Affection Cases Seriously in North Carolina?
Absolutely, judges take alienation of affection cases seriously in North Carolina, as it is a valid tort with potential financial and emotional outcomes for those involved in the case. Some cases have resulted in high-value settlement offers. Since alienation of affection cases are civil claims against an individual, the financial burden of losing the case can be significant.
Is it Hard to Win an Alienation of Affection Case in North Carolina?
It can be difficult to win an alienation of affection case in North Carolina. When filing an alienation of affection case, you bear the burden of proving the necessary factors of the case.
You must prove that the marriage was loving before the third party interfered. You also have to prove that the third party acted maliciously with the desire to destroy your marriage. Lastly, you have to prove that the third party’s actions caused the marriage to deteriorate.
Contact Butler, Quinn & Hochman, PLLC
Our team understands the sensitive nature of any type of family law case and how social media can affect an alienation of affection case in North Carolina. When faced with an alienation of affection case, it can be stressful to appear in court without the help of an experienced North Carolina child custody attorney. Contact Butler, Quinn & Hochman, PLLC, today to schedule your initial consultation.
