# Cheating without "sex"

**URL:** <https://forum.rosen.com/t/cheating-without-sex/2333>\
**Category:** Divorce and Separation Answers\
**Created:** [July 30, 2005, 5:28pm UTC](https://forum.rosen.com/t/cheating-without-sex/2333 "2005-07-30T17:28:08Z")\
**Posts on this page:** 9\
**Page:** 1

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**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\
**Post date:** [July 30, 2005, 5:28pm UTC](https://forum.rosen.com/t/cheating-without-sex/2333/1 "2005-07-30T17:28:08Z")

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Alienation of Affection is not about sex, but it is about actions that lead to alienating a spouse from the natural love and affection they feel for their husband or wife. Criminal conversation is about sex.

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

10925 David Taylor Drive, Suite 100  
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

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
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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.

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**Author:** ![heleftme](https://avatars.discourse-cdn.com/v4/letter/h/47e85d/32.png) [@heleftme](https://forum.rosen.com/u/heleftme)\
**Post date:** [August 29, 2005, 1:10pm UTC](https://forum.rosen.com/t/cheating-without-sex/2333/2 "2005-08-29T13:10:10Z")

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What is criminal conversation?

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**Author:** ![mpcv](https://avatars.discourse-cdn.com/v4/letter/m/8e7dd6/32.png) [@mpcv](https://forum.rosen.com/u/mpcv)\
**Post date:** [September 4, 2005, 9:24am UTC](https://forum.rosen.com/t/cheating-without-sex/2333/3 "2005-09-04T09:24:06Z")

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Did Steve #2 know that your wife was married?  
Did he intentionally try to alienate her affection for you?  
Being that your wife has done this before you may have an even harder time proving anything against him.

Read below for an explanation.

Did a search and found this:

The tort of criminal conversation seeks damages for the act of sexual intercourse between the spouse and a third party. Each act of adultery can give rise to a separate claim for criminal conversation.

Here is the whole explanation:

Alienation of Affections & Criminal Conversation

The dictionary definition of the word

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**Author:** ![doodle819](https://avatars.discourse-cdn.com/v4/letter/d/77aa72/32.png) [@doodle819](https://forum.rosen.com/u/doodle819)\
**Post date:** [April 7, 2006, 1:11pm UTC](https://forum.rosen.com/t/cheating-without-sex/2333/4 "2006-04-07T13:11:55Z")

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Let me get this straight? If you decide to marry someone who has been recently divorced (within a 3 year period) but you knew the person while they were married and had a connection, however never acted on it. The EX has 3 years to sue you if they believe you were the cause of their marital break up. SO you should not get involved within 3 years of someone getting a divorce if you knew them while they were married and the spouse does not care for you?

What does it take for an ex spouse to file an alienation of affection suit against the third party?

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**Author:** ![ARTHURP](https://avatars.discourse-cdn.com/v4/letter/a/3da27b/32.png) [@ARTHURP](https://forum.rosen.com/u/ARTHURP)\
**Post date:** [April 7, 2006, 6:37pm UTC](https://forum.rosen.com/t/cheating-without-sex/2333/5 "2006-04-07T18:37:20Z")

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AOA is simple A piece of S!@# where its a man or a woman comes between you and your spouse and ruins its thats it. I am going though it and tell you what good luck on trying to get anything if they do not have. The one I am suing has quote has nothing and probably never will thats from his attorney LOL so if he wins a 100K the next day I can not have it? Oh hell no I can get it he owns his home he has a 401K I want it all sorry the next time keep in your pants and this will not happen.  
If you marry someone this can not happen you must ruin the marrage in order to get AOA or CC I am going for both so dont worry 3 years is the limit but if you did start this watch out I would stay away from this until bad seen but if you did not do nothing to start and have proof cool.  
Hope the best for you

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**Author:** ![doodle819](https://avatars.discourse-cdn.com/v4/letter/d/77aa72/32.png) [@doodle819](https://forum.rosen.com/u/doodle819)\
**Post date:** [April 9, 2006, 6:31pm UTC](https://forum.rosen.com/t/cheating-without-sex/2333/6 "2006-04-09T18:31:49Z")

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I am not the ex suing. I am the one who could be sued? I am sure she has phone records, we were all friends. She is very vindictive and would love to see he and i suffer. Are phone records enough? Since when is it against the law to talk on the phone to married people? This is the a horrible law that can destroy innocent peoples relationships!

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**Author:** ![Ave](https://avatars.discourse-cdn.com/v4/letter/a/e47c2d/32.png) [@Ave](https://forum.rosen.com/u/Ave)\
**Post date:** [April 17, 2006, 11:28am UTC](https://forum.rosen.com/t/cheating-without-sex/2333/7 "2006-04-17T11:28:41Z")

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What about people that have online emotional and sexual relationships? My husband has on many occasions had online relations and actually posting profiles on dating websites while we were married. Does this count as cheating?

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**Author:** ![gebjr](https://avatars.discourse-cdn.com/v4/letter/g/278dde/32.png) [@gebjr](https://forum.rosen.com/u/gebjr)\
**Post date:** [April 25, 2006, 6:32am UTC](https://forum.rosen.com/t/cheating-without-sex/2333/8 "2006-04-25T06:32:13Z")

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I heard this before, cheating without sex…Then the DNA test come in on the twins, and one of your other children as well and now who’s the one paying for these “emotional cheating without sex” friends…ME

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**Author:** ![waterski](https://avatars.discourse-cdn.com/v4/letter/w/b9bd4f/32.png) [@waterski](https://forum.rosen.com/u/waterski)\
**Post date:** [July 27, 2005, 11:10am UTC](https://forum.rosen.com/t/cheating-without-sex/2333/9 "2005-07-27T11:10:31Z")

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My ex left me for an, what she calls, “emotional connection”. She says that she didn’t have sex with him while we were married, but fell in love with him just the same. It lead to our current separation. This is the second time she left me (2 different guys) Since the, “latest”, that I call Steve #2 (#1 was a Steve too). Maybe I should have changed my name 🙂 She has now realized the error of her ways, again, and wants me back. Since I am standing up for myself this time, she is upset, and has now hired an attorney to fight me on our current Sep Agreement. If I have to hire someone to defend myself and pay more than I already have, I thought I might as well go after Steve #2 for A of A.

Does anyone know what the Alienation of affection rules are for people that didn’t have “sex” but fell in Love and destroyed the marriage?
