Adultery/Alienation of affection

Adultery is hard to prove. You would have to prove that he slept with her. You would have to have hard evidence…a confession, pictures, tapes, etc. Just him paying for a bill and talking to her does not constitute adultery. You cannot prove what they talked about. You need to do some searching on this site about Alienation of Affection and Criminal Conversation. Good Luck.

Dear mom x 2:

Greetings. Adultery is having sex with someone when you are married. It does not sound like you have evidence of him having sex. Talk to the district attorney in your county though, as adultery is a criminal charge. Good luck.

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


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.

My husband and I are still doing the battling in the court room. However, I don’t understand why my husband cannot get charged with adultery seeing he payed for this girls phone bill and bought her the phone. The phone he bought her clearly shows where she was when she called him and his vice versa and not to mention there e-mails… I was told because she lives in GA. and he lives in NC. theres not much I can do… I am hearing mixed information…Can I not go after her this may will be 2 years this has been going on…
mom x 2