Adultry


#1

Adultery or Criminal Conversation would be having sex with someone other than your spouse…so if there has only been talking, e-mail communications and online then no it’s not considered adultery.
If you believe that this has affected your marriage then you can sue the 3rd party for alienation of affection, but I believe that you must be separated for this…
I do not know if he can get into trouble for this…but here’s a question, does he know she’s married???
IMHO, I would not attempt to take this out on the 3rd party until you are certain of the circumstances…Address him personally (in writing) to ask that he stop communicating with your wife and see what happens…keep records of all communications.


#2

Yes he knows that she is married, he even asked her if i would go to his commanding officer about the whole situation. She told him that I wouldn’t. We recently got seperated, and they continue to talk A LOT. When we go to court for the divorce, I have just about all the emails they sent each other. Would they consider it her fault for the divorce…I don’t know how all this works

Figgins


#3

Unfortunately, NC is a no fault state meaning that the only reasons divorces are granted is one year one day separation or incurable insanity.
If this is the reason that you separated and it has continued then you have a strong case for Alienation of Affection…That would be a suit against him for alienating your spouse’s affections from you.
Maybe him being worried about you going to his commanding officer means that he could very well get into trouble about it…after all…though there is little that is ever done, adultery is illegal. I’m certain that the military takes the law more seriously than civilian…maybe some of the others can answer this or the attorney. If he was served with a summons to appear in court or was sent a letter from your attorney about a suit, wouldn’t his commanding officer find out…
I would consult an attorney with all the information. Until your absolute divorce is granted after one year one day separation, you are still legally married.

Marital fault however does play a role in alimony and in certain circumstances, equitable distribution of the marital assets and debts. For the most part however, unless you have considerable funds for the AofA lawsuit there’s little that can be done to her.


#4

Adultery requires actual sexual contact, however, if this third party has interfered in your marriage and alienated your Wife from you, then you may have a claim against them for Alienation of Affection.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Hi Helena,

Please help me understand. In NC, adultery is illegal, yet it’s a no fault state??? If your husband transmitted an STD to you does that affirm his adultery?..if he is arrested and pleads guilty for soliciting a prostitute, doesn’t that affirm adultery?? How can one file a claim against a prostitute for alienation of affection? I do know a woman in another state who was seeing my husband and she admitted it…can I file against her and what would one seek to gain from the one who alienates?

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]Adultery requires actual sexual contact, however, if this third party has interfered in your marriage and alienated your Wife from you, then you may have a claim against them for Alienation of Affection.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.



#6

This happened to me my now ex did the samething and I served papers to her now ex lover to keep this short the lawsuit was dropped for other reasons but I had a very strong case.
My question is if illicit sexual behavior is against the law then why doesnt the criminal go to jail or pay a fine or pay the victim. What sue the person who just as wrong but think this if he/she did not know this person is or maybe single just looking to get or have a good time should he/she be sued? Sorry I say yes to that think first ask questions before hopping in the sack. But lets get back to the criminal the ex or stbx what to do with this does this person just get away with a crime the answer is yes and there is nothing that can be done and this is wrong.
I understand that there are more serious crimes out there and the court is not going to send this person to jail over this. But should they not pay? Please help me I would love to have answer
Thank You


#7

It is important to remember that in order to prove alienation of affection you must prove that this third party did something that caused the demise of your marriage This often means that there must be something more than isolated instances of sexual contact. If you sue someone for alienation of affection you would be seeking to receive money damages from them.

If your Husband has given you an STD you can sue your Husband directly for infliction of an STD. This is the type of case generally handled by a personal injury lawyer.

If your Husband gives you an STD that is generally proof of adultery, however, it would be up to the prosecutor to decide whether or not the state will prosecute this behavior.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

If my wife is talking to a marine online, about sex and god knows what else does this constitue adultry? And can the marine get in trouble for this. I have also found out through my cell phone records that she texts him and calls him like a hundred times a day.

Figgins