Adultery


#1

Ok…I’ve posted a few questions, and my sep agreement is making progress. I hope this is last scenario!

If I have a Sep Agreement in hand, with all waivers (E/D, etc)…and with Bill 1110 going into affect on Oct 1, 2009. Is there any reason that I cannot have a relationship with a woman while separated? Is it adultery, and if so…so what…meaning, what can happen since I have the Sep Agreement and Bill 1110 protects paramour?

Thanks!


#2

If you engage is a sexual relationship at any time when you are still legally married you are committing adultery, which is still a crime in this state, and is not included in the house bill.


#3

Oh! So…what is the penalty for committing this crime of adultery?

Let’s assume I have the sep agreement in hand, signed with all appropriate Waivers. Alimony is included in the sep agreement, and can’t be altered…so adultery can’t be used against me to change the alimony.

What exposure do I have?

Also, if the sexual act happens outside of the state of NC, does the adultery crime law still apply?

Thanks


#4

[quote=“chuck”]
Also, if the sexual act happens outside of the state of NC, does the adultery crime law still apply?
Thanks[/quote]

I am curious to this point as well.

Thanks,

RH


#5

I cannot say what the penalty for adultery would be if any given case was prosecuted, just that it is still a crime in this state. Adultery cannot be used to change alimony after an agreement has been reached.

I am unaware as to which states still classify adultery as a crime and you would need to check with an attorney in the state where the affair took place to determine if it is a crime in that state.


#6

SO…if I have sex in a State other than NC…AND that state does not have a law against adultery. Can I be prosecuted by NC for adultery?

To be direct…I want to know how I can have sex while separated, and not have any backlash. So if going to another state that does not have an adultery law is the way to do it, than that would be good to know. thks


#7

Bottom line…if you have sex with someone other than your spouse in the state of NC BEFORE the new law takes place…technically, your spouse can persue a CC case against the 3rd party.

Yes, adultry in NC is against the law. Is it prosecuted? Rarely. If sex/adultry is commited outside NC, then the suit is not valid against the 3rd party.


#8

Comingclean…

I understand the AA and CC issues. And I understand that having sex while separated in NC is adultery and against the law. What I’m trying to find out…is how to get around it.

So, I want to know if I can go to another state, where adultery is not a crime…so that I can have sex while separated.


#9

I cannot say what the penalty for adultery would be if any given case was prosecuted, just that it is still a crime in this state. Adultery cannot be used to change alimony after an agreement has been reached.

I am unaware as to which states still classify adultery as a crime and you would need to check with an attorney in the state where the affair took place to determine if it is a crime in that state.