Alienation of Affection and Criminal Conversation

Criminal Conversation or adultery would be up to the DA to press charges for. It’s a misdemeanor and is rarely prosecuted. I’m not sure what a charge of prostetution would be nor what the men involved in that could/would be charged with…You would have a case against the men for alienation of affection since all you would need is to show that you had a viable marriage and that these men alienated your wife’s affections. But I’m not sure, if it was a prostetution situation, if that constitutes alienation of affection. I am also not sure about whether or not you must be separated for AofA. If you condoned the “affair” by having sex with your wife after having knowledge, then all this could mean very little.
There is a 3 year statute of limitations after knowledge of the affair on AofA for suit to be filed.
If you are separated and want to save your marriage, I do not suggest taking this course of action as it will probably not help with “winning” your wife back. Not to judge, but out of curiosity, why would you want to stay with a woman that prostetuted herself while married to you? Is she also wanting to salvage the marriage?

I have read on this web site that AofA suits are costly and most of the time settled before ever reaching court since judges do not like to hear these. One attorney on here stated that normally a letter of intent to sue is enough to “scare” the person into settling on a monetary amount to keep it out of court, if they are guilty…
You could always consult an attorney and see what options you have…

Alienation of affection means that a third party got involved in your marriage and alienated your spouses affection from you. If you work on your marriage and are able to stay together and resolve your issues, then you would not have a case for alienation of affection. Criminal conversation is an action that you can bring against a third party who has sexual relations with your spouse. It sounds like you may have a case for criminal conversation against the parties she was involved with.

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

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Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
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What is the NC General Statutes reference for Alienation of Affections?

my question is: my wife and I will be married 1 year sept 23. I love my wife and kids(hers before marriage) and want to save my marriage but I know that she has had at least 3 acts of criminal conversation with 2 other people, and each time has involved money. I have proof as in emails, and her admitting it. Should I file against the 2 other men for AOA and Criminal Conversation? Do I have a case?