Criminal conversation in NC


#1

I am dealing with a situation where my hunband and I seperated 8 months ago and he has been living with a girl and I just found out she is 6 months pregnant. She is the cause of us not being able to take our year and work things out. Do I have a case and can I get recommendations for attorneys that handle this.


#2

There are actually two claims of action you could pursue against your ex’s paramour, the first being criminal conversation. North Carolina will have jurisdiction over the claim if the illicit sexual behavior took place within this state. To have a chance at successfully pursuing this action you will need to prove:
This woman and your and spouse engaged in an adulterous relationship during your marriage;
To be awarded compensatory damages: you will need to prove your ex’s paramour’s wrongful and malicious conduct proximately damaged you by casting dishonor on the marriage bed, alienating the affections of your spouse and that she destroyed the domestic comfort, causing loss of consortium (sexual relations), loss of support, including present and future earnings of your spouse, emotional distress. The costs of litigation can also be included, including attorney’s fees.
To be awarded punitive damages you must prove that her conduct was willful, malicious, wanton, and oppressive.
The second cause of action under which you can proceed is alienation of affection. To successfully pursue this action you will need to prove:

That you and your spouse were happily married and a genuine love and affection existed between you;
That his paramour’s actions were a contributing factor that caused his the alienation of his affections for you;
She was aware that her actions would likely cause your spouse to alienate his or affections from you;
To be awarded compensatory damages you must prove that her conduct proximately resulted in your loss of services in the home, loss of support, including present and future earnings your spouse, loss of consortium (sexual relations),emotional distress and/or injury to your reputation. Compensatory damages may also include the costs of litigation, including attorney’s fees for both the Alienation or Criminal conversation action.
To be awarded punitive damages the requirements are the same as listed above.


#3

the action happened in NC and she is 6 months pregnant living in my home… When I found out she was seeing my husband, I asked her on several occasions to leave us alone, as we had unfinished business. My husband was sleeping with both of us. She threatened to file a restraining order on me, so of course, I had to stop urging her to not see my husband. He then got wrapped up in his relationship with her and would not work on our marriage. She is a very wealthy woman and very much dislikes my relationship with my husband. I have been left living way below my means and my reputation is shot, I am embarrased for my son and myself. This law is put in place for a reason. Is this worth pusuing, as I feel very strongly about it.


#4

It sounds like you do have a viable claim, however there is no way to predict what the outcome will be in any case.


#5

This woman is LIVING IN YOUR HOUSE? Pregnant by your husband and she admits it? Then you say she wanted to take out a restraining order on YOU? AND that she is very angry and dislikes your relationship with YOUR husband. Good Grief!

Do not be intimidated by this woman. See a lawyer.


#6

Yes, see a lawyer asap. See a good one. Seems to me you have an excellent case…proof in the pudding…the pregnancy. I do so hope this works out for you! If she is “wealthy”, then by all means pursue this to the max! The cards should be in your favor. Sometimes, the law does work. It did not for me, but your case should work out. Good luck!


#7

My girlfriend has been seperated from her husband since Sept 08. We started dating 1st of April this year. Her ex keeps sending her text messages threatening her with taking her kids away, getting half her retirement and so forth from the divorce. He continues to make threats and harassing her mutiple times a day. She finally last night took out warrants for cyber stalking. We are waiting for him to be served, which I feel that he will go balstic and will actually make things worse on her. My question with us dating can he file suite for criminal conversation or anything else against me? She has in the past stayed at my house overnight with my daughters, I am not there during this vists. How and what do I need to do to protect myself?


#8

Her ex may file an action against you, though based on the circumstances you list I do not believe any action for alienation of affection would be successful as you did not start seeing this woman until well after the parties had separated.
As for criminal conversation, you are still vulnerable for that claim for so long as your girlfriend is still married if the two of you engage in sexual intercourse. My best advice is to refrain from spending the night together until she is divorced.


#9

I too am dealing with the same situation. My husband is in an active relationship with the person he slept with prior to leaving our marital home. She knew we were married and both admitted to the affair and I have an email from the woman admitting to the act. Do I have legal recourse?


#10

There are actually two claims of action you could pursue against your ex’s paramour, the first being criminal conversation. North Carolina will have jurisdiction over the claim if the illicit sexual behavior took place within this state. To have a chance at successfully pursuing this action you will need to prove:
This woman and your and spouse engaged in an adulterous relationship during your marriage;
To be awarded compensatory damages: you will need to prove your ex’s paramour’s wrongful and malicious conduct proximately damaged you by casting dishonor on the marriage bed, alienating the affections of your spouse and that she destroyed the domestic comfort, causing loss of consortium (sexual relations), loss of support, including present and future earnings of your spouse, emotional distress. The costs of litigation can also be included, including attorney’s fees.
To be awarded punitive damages you must prove that her conduct was willful, malicious, wanton, and oppressive.
The second cause of action under which you can proceed is alienation of affection. To successfully pursue this action you will need to prove:

That you and your spouse were happily married and a genuine love and affection existed between you;
That his paramour’s actions were a contributing factor that caused his the alienation of his affections for you;
She was aware that her actions would likely cause your spouse to alienate his or affections from you;
To be awarded compensatory damages you must prove that her conduct proximately resulted in your loss of services in the home, loss of support, including present and future earnings your spouse, loss of consortium (sexual relations),emotional distress and/or injury to your reputation. Compensatory damages may also include the costs of litigation, including attorney’s fees for both the Alienation or Criminal conversation action.
To be awarded punitive damages the requirements are the same as listed above.


#11

I think my wife is having a relationship behind my back with another guy. I’ve asked her and she says she isn’t but people are telling me that she is. I found out that she has been calling, texting, emailing and chating with a guy. I have evidence now that that is true that she has been doing all that. I’m not sure if I have a case or not and what should I do. I also think there has been sexual relations but not sure. What should I do?


#12

If you decide to separate from your wife, you may use the evidence of her adultery in an alimony claim (to bar her from seeking support, or to bolster your claim if your are seeking support). Adultery can also be used as a basis for divorce from bed and board, a judicially ordered separation in which a judge can order her to leave the home.


#13

Thanks. Can I use the criminal conversation or alienation of affection too or not? I’m just trying find out all my opions at this point.


#14

Yes, you may sue a third party who interferes with your marriage for either claim or both depending on the circumstances and what evidence you have. There are several articles about these claims on the site, and many threads concerning these issues which you may find helpful and can apply to your specific situation.


#15

Not following. If the alleged paramour is 6 months pregnant and the separation was 8 months ago, how would an AA claim be relevant? This could mean they began dating 2 months after separation, right? And can people not date under house bill 1110? I know the CC claim is a diff matter as it is still a misdemeanor even with house bill 1110. I probably missed something, so just curious.


#16

Sexual intercourse does not have to be proven for an AA claim. Further, the inception of the pregnancy does not necessarily mark the commencement of sexual relations.

House Bill 1110 states that post date of separation behavior can not be used as a basis for a AA/CC claim, but such behavior can be used as evidence that the affair began prior to separation.


#17

the action happened in NC and she is 6 months pregnant living in my home… When I found out she was seeing my husband, I asked her on several occasions to leave us alone, as we had unfinished business. My husband was sleeping with both of us She threatened to file a restraining order on me, so of course, I had to stop urging her to not see my husband. He then got wrapped up in his relationship with her and would not work on our marriage. She is a very wealthy woman and very much dislikes my relationship with my husband. I have been left living way below my means and my reputation is shot, I am embarrased for my son and myself. This law is put in place for a reason. Is this worth pusuing, as I feel very strongly about it.sunshineamy www.wellbridal.com


#18

I would say so, from the sound of things you have a very strong case.


#19

My husband of 42 years reconnected with an old girlfriend (who is also married) online and the conversations went from generic friendly to loving/warm/intimate. He shared intimate details of our marriage counseling sessions with her, calling her before and after at her encouragement so she could “hear his voice and know he was OK”, and she advised him consistently on how to present himself at the sessions. I accessed emails and copied where she encouraged him to protect himself legally/financially/technically (by showing him how to get secret email accounts that I could not access). She has suggested actions for him to take because I could be “mentally unstable” (her words). During the course of this he has moved out of the bedroom and into a downstairs bedroom, installed a key lock on the door and he keeps both keys. He is on the internet and phone with her into the wee hours of the morning. The first marriage counseling sessions were beginning to be productive until the communication got more involved with her. He has now quit the counseling sessions. Where do I stand here, legally?


#20

Emotional affairs are not actionable in NC, you must prove the existence of a physical affair before you will have a viable claim against this woman.