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Firm, who has tried to encourage lawmakers in North Carolina to abolish the outdated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

Contact:
Alison Beckwith
919-459-8157
abeckwith@rosen.com


Web Site: http://www.rosen.com

Contact Details: Alison Beckwith
919-459-8157
abeckwith@rosen.com