Alienation of affection/Criminal Conversation


Dear ncwilmington:

Greetings. Yes, you can claim for alienation of affection even if you are still living together.

Now, as far as criminal conversation - you have raised a great question - can you claim criminal conversation against a woman that had “an affair” with your wife? I will have to do some research on this issue - so stay tuned.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.


A year ago, my wife carried on an affair with another married woman, who we were both friends with for 5 years. This woman also made a pass at me, but I did not act on those advances. Over that years time, our marriage was slowly but surely falling apart. I thought the demise of our marriage was related to my wifes depression, which became so severe that she lost a lot of weight and ended up in the hospital. My wife started seeing a counselor often and it was to my shock that my wife admitted to having this affair. Meanwhile, while our marriage was falling apart (before the hospital) her friend was calling me and telling me that my wife was faking her illness for attention and I should think about divorce. Normally, I would not buy into that, but this woman is a professional mediator in North Carolina. I almost started to believe my wife was faking, until she ended up in the hospital. Nevertheless, I stayed with my wife through this difficult time. My wife and I both realized that we were both being manipulated and that our “friend’s” objective was to ruin our marriage. At this point, do I have any legal recourse against this other woman? Does my wife and I have to be separated to use the Alienation of Affection OR the Criminal Conversation tort. Thank you.