While many states have abolished alienation of affection claims, South Carolina is not among them. These civil legal actions still exist and may be pursued when a third party is believed to have intentionally interfered with a marriage. Alienation of affection claims, along with criminal conversation lawsuits, are often emotionally charged and legally complex. At Sarah Henry Law, we help clients in Greenville understand their rights and evaluate whether pursuing such claims is the right course of action.
What Is Alienation of Affection?
Alienation of affection is a civil claim brought against a third party who is accused of intentionally damaging the marital relationship between two spouses. The plaintiff must prove that:
- A genuine marriage existed
- The affection between the spouses was alienated or destroyed
- The defendant’s conduct caused the alienation
- The conduct occurred before the spouses separated
These cases typically involve allegations of an extramarital affair, but sexual intercourse is not required to file an alienation of affection lawsuit. Any wrongful or intentional behavior that causes a spouse to lose interest in their marriage may be considered.
What Is Criminal Conversation?
Criminal conversation is a related but distinct legal claim that focuses on sexual conduct. It allows a spouse to sue a third party who engaged in extramarital sex with their spouse before a legal separation. While the name sounds criminal, this is a civil action—not a criminal charge.
To bring a criminal conversation claim, the plaintiff must show:
- A valid marriage existed at the time of the affair
- The defendant had sexual intercourse with the plaintiff’s spouse
- The affair occurred before legal separation
These lawsuits are often supported by evidence such as credit card receipts, social media posts, private investigator reports, text messages, or photographs that depict romantic or intimate behavior.
Who Can File an Alienation of Affection or Criminal Conversation Claim?
These claims are typically filed by the spouse who feels their marriage was harmed by a third party, such as:
- A spouse’s boyfriend or girlfriend
- A former friend, coworker, or neighbor
- Anyone who encouraged or participated in the breakdown of the marriage
To pursue such a claim in South Carolina, you must demonstrate that the wrongful conduct happened while the marriage was still intact and that the defendant’s actions caused measurable harm.
Legal Process and Statute of Limitations
South Carolina allows alienation of affection and criminal conversation claims to be brought within a specific time frame, often referred to as a “three-year statute of limitations.” This period typically begins when the plaintiff becomes aware of the defendant’s conduct.
The legal process may involve:
- Filing a complaint in civil court
- Engaging in discovery and depositions
- Presenting evidence such as telephone records, photographs, and witness testimony
- Potentially pursuing damages in a jury trial
These cases are often emotionally intense, especially when overlapping with divorce or child custody disputes. Our attorneys provide guidance to ensure that your legal rights are respected throughout every stage of the process.
Damages in Alienation of Affection Lawsuits
If successful, a plaintiff may be awarded financial compensation for:
- Emotional distress
- Loss of affection, companionship, and support
- Damage to the marital relationship
- Costs related to marriage counseling or separation
While these claims are relatively rare, they can carry significant financial and reputational consequences for the defendant. Because of their personal nature, strong legal representation is essential.
Challenges of Pursuing These Claims
Alienation of affection and criminal conversation claims are highly fact-specific. You will need to establish ample evidence that the third party intentionally interfered with your marriage. These cases can involve:
- Gathering documentation and witness testimony
- Investigating timelines, social interactions, and communications
- Understanding defenses, such as lack of intent or preexisting marital problems
At Sarah Henry Law, we help clients evaluate whether a claim is worth pursuing, prepare the necessary filings, and protect their privacy and dignity throughout the process.
Why Choose Sarah Henry Law
Our law firm understands that the emotional impact of a broken marriage often leads clients to consider every legal option available. We help determine whether a claim for alienation of affection or criminal conversation aligns with your goals and the facts of your case.
Whether you’re exploring this as part of a broader divorce strategy or want to understand your legal rights after discovering an extramarital affair, we offer:
- Confidential consultations
- A detailed review of evidence and relationship history
- Honest legal advice about the risks and rewards of filing
- Skilled representation in South Carolina civil court
Learn more about Greenville Alienation of Affection Claims. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward clarity and resolution.
Greenville Alienation of Affection FAQs
Is alienation of affection still recognized in South Carolina?
Yes. Unlike many states, South Carolina continues to recognize both alienation of affection and criminal conversation as valid civil legal actions.
Do I need to prove adultery to bring a claim?
Not necessarily. While adultery is relevant to criminal conversation, alienation of affection claims do not require proof of sexual conduct—only that the third party’s actions destroyed the marital relationship.
Can I sue my spouse’s affair partner?
Yes, if you can show that their conduct interfered with your marriage before separation. You will need substantial evidence to support your claim.
How long do I have to file a claim?
Generally, you must file within three years of discovering the wrongful conduct. We recommend consulting an attorney as soon as possible to preserve your rights.
What kind of evidence do I need?
Useful evidence may include phone records, text messages, emails, photographs, social media posts, or statements from a private investigator documenting the relationship.
