GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-400

HOUSE BILL 1110

AN ACT to clarify procedures in civil actions for alienation of affection and criminal conversation.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 52 of the General Statutes is amended by adding the following new section to read:

"§ 52-13.  Procedures in causes of action for alienation of affection and criminal conversation.

(a) No act of the defendant shall give rise to a cause of action for alienation of affection or criminal conversation that occurs after the plaintiff and the plaintiff's spouse physically separate with the intent  of either the plaintiff or plaintiff's spouse that the physical separation remain permanent.

(b) An action for alienation of affection or criminal conversation shall not be commenced more than three years from the last act of the defendant giving rise to the cause of action.

(c) A person may commence a cause of action for alienation of affection or criminal conversation against a natural person only."

SECTION 2.  This act becomes effective October 1, 2009, and applies to actions arising from acts occurring on or after that date.

In the General Assembly read three times and ratified this the 23^rd day of July, 2009.

                                                    s/  Walter H. Dalton

                                                         President of the Senate

                                                    s/  William L. Wainwright

                                                         Speaker Pro Tempore of the House of Representatives

                                                    s/  Beverly E. Perdue

                                                         Governor

Approved 2:30 p.m. this 3^rd day of August, 2009