Criminal Conversation during temporary separation


#1

My husband and I agreed to live separately for a few reasons - none of which was to consider permanent separation or divorce. We have a four year old son, my husband works third shift, and between his sleep patterns and our fighting in front of our son we decided to separate so we could work on things. During this time he started an affair with a woman he’d had a one-night stand with prior to meeting me. They immediately started sleeping together, despite me telling her we had not broken up even though we were in separate homes presently. My husband and I have had a lot of back and forth with what we’re doing, but when he revealed the relationship with this other woman he agreed to end it with her and really pursue the exploration of what our future held for us. I confronted the woman and she agreed to end things and stop sleeping with him. He and I started dating and going to counseling. He then revealed again that she and he had both lied to me because they had not stopped sleeping together.

I can prove all of this.

Do I have a claim for criminal conversation against her because she willfully continued sleeping with my husband knowing that he was working on our marriage. Yes, I know. He’s the one I married and I should be mad at him. This woman has threatened harassment against me because I’ve texted and called her a few times (honestly only a few; most of which she responded to) to ask her to please get out of my marriage. She has also formed a relationship with my child and I don’t want him to know “daddy has a girlfriend” and feel that’s my prerogative as a mother.

I’m most interested in the response from attorneys. I’m still unsure about whether my husband and I will get divorced. He has now ended the relationship for real this time and we are now working on our issues without her influence on him.


#2

Yes, you may pursue an action for criminal conversation. You need only prove that this woman had sex with your husband.