In common law, alienation of affection is a tort that a spouse brings against a third party, claiming that the third party is at fault for the marriage's failure. Alienation and affection lawsuits usually are brought against adulterous spouse's lover, when one spouse cheats on another. However, defendants can also include relatives, friends, counselors, or clergy. 

Although the law used to be prevelant across the United States, many states have rejected the law. In North Carolina, the law still exists. The law, however, varies by states.

In most cases, an action for alienation does not require proving extramarital sex. But they typically require proof of a relationship. Because these laws vary by state, if you have any questions, contact the Raleigh divorce lawyers of the Marshall & Taylor Law Firm, P.C, at 919-833-1040.