Adultery a crime?


#1

Dear fredsmith04:

Greetings. Yes, adultery is a crime. You do not “charge” someone with adultery, but instead the district attorney does. I have not seen it enforced, but that does not mean it is not, as I do not attend criminal court.

Right now, your wife is the one committing adultery, if she is having sex with someone else. If the other man is married, then he too is committing adultery. If the DA charges the other man, he is sure to charge your wife also. Good luck (and I think you are barking up the wrong tree).

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

This is my first experience on a web site such as this. I would like to know if a spouse commits adultery and also wants a divorce, how long does the spouse that wants a divorce required to wait…for the divorce to be legal if there are no children involved. We have lived in NC for over 3 years and the laws seem super strict! Also, if it matters my husband is not a US citizen but has his green card…would this be of any concern. And, my husband is 22 years older than myself and I want out! Thankyou for your input.[:)]


#3

Dear pisgah908:

Greetings. First, it does not matter if a spouse committs adultery or not for the absolute divorce - for an absolute divorce the grounds used are one year of separation. You need to check with an immigration attorney concerning your spouse. Finally, the age difference also does not matter.

Now, if you are trying to find out about alimony - then the adultery, age, and other factors may affect the negotiations or outcome. I hope that helps…best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

We were right at signing the separation agreement when my husband wanted the section that basically states if we can have sexual relations with another person after the agreement is signed, taken out. He says he “wont sign something that breaks the law”. I am not having this type of relationship, but given his past history (having me followed, photographed, hacking into my email accout, etc.) I know i will spend the next 6 months proving myself innocent. Question is

  1. What would he have to produce as proof to have a DA charge me?
  2. Can he still sue anyone he thinks I am with (like a client i had lunch with - poor guy - and he berrated)
  3. Does that line have to be written so concisely for it to be pointed out later that harrassing me for 6 months is pointless?
    Thank you.

#5

Dear Melin_falcom:

Greetings. Let’s see if I can help:

  1. Evidence beyond a reasonable doubt that you had sex with someone. Pictures of the sexual act, admissions, etc. Just someone spending the night should not be enough for this burden. I don’t know many DAs that would waste their time on this charge.

  2. Do you mean sue for Alienation of Affection and Criminal Conversation? No to alienation of affection, unless that person brought about the downfall of your marriage and you do not have a third party waiver in your agreement. Yes to criminal conversation.

  3. In all honesty, after the separation agreement is signed, harassing you is usually “legally” pointless, although I am sure that harassing you brings him some sort of emotional relief (as sick and unhealthly as that may be for him). Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Is adultery a crime? Is it criminally enforced? I thought it was only a civil matter. If someone has an affair with my wife, can he be charged with that crime? If I charge him, do I have to charge her as well?

What is adultery? Is it sex only; or any type of relationship?

Thanks again.