Criminal Conversation likelihood

My wife and I do not have any signed separation papers together. She got pregnant while living with me by another man whom knew she was married. We both have 2 children together. The other man was aware of the children and who I was. The affair they had continued until she got pregnant and had the baby a few months ago, which my wife was still legally married to me. She has been and still is married to me, from conception until birth of the child conceived out of wedlock. This guys father is a wealthy divorce lawyer and he is a graduate working a part time job. He lives in an apartment and from what I can tell has no assets and his father may have already removed them from his sons name. Do I have no recourse against this guy that would be beneificial to me and my boys?

Aside from a criminal conversation suit, if you and your wife separated, then her affair could be used to prevent an alimony award to her if you are the supporting spouse or it could be used to ensure an alimony award to you if you are the dependent spouse. However, her defense to this could be that because you stayed married to her that you condoned the affair.

You may also have a suit for alienation of affection against the paramour. But again, he could use the condonation defense.

Check out our article Infidelity and Alienation of Affection for more detailed information on criminal conversation, alienation of affection, and the defenses to both.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My wife and I have since been separated and I have a separation agreement signed by me at the lawyers office. I have been married to her and this guy and her probably have been preying in my good nature. I got told things like he is moving away to he was joining to military to he was giving his rights up. She is currently residing at his apartment with him and still has not signed our separation agreement. Would this all still fall in the condoning action? Also, how can I keep this guy out of my children’s lives? I have it written in my separation agreement but I know once the divorce is final those stipulations get thrown out the window. This guy also owes me money from childcare because I paid for the unborn child’s registration because I am the only one who daycare sees regarding our family.

Due to this guys manipulation, my home has gone from a dual income home to a single income home with the same basic needs as before. I do struggle to pay mortgage and childcare for my 2 sons as their mother does not pay for
Childcare cost due to being out of work on maternity and buying stuff to impress this guy in the past. She hasn’t put any income into our home since last August when they met.

If you separated as a result of the affair, then this would not be considered condonation of the affair for alienation of affection and criminal conversation purposes. Not having a fully executed separation agreement will not affect this.

Note that the terms of your separation agreement survive the absolute divorce unless the separation agreement is rescinded by a judge.

Since your separation agreement states that the paramour is not be around your children, if the mother violates this provision, you can sue her for breach of contract assuming the separation agreement is fully executed by both of you.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I thought that once we were divorced I could not prevent the paramour from being around our children unless he was a direct threat? Similar to the stipulations that nobody unless they are blood related can have overnight stays while my children are there.

Anyway yes. The separation is a result of the affair. Even though my wife may like to say she was going to do it anyway. We never split up or had any legal recourse prior to her meeting this guy. Only documents with her therapist saying she was unhappy but she has suffered several bouts with depression.

What would it cost for me to bring a civil suit against the paramour and what is the likelihood that it would be beneficial for me and my children?

Any terms in the separation agreement remain valid and enforceable past an absolute divorce being granted unless your separation agreement states otherwise.

The cost to bring an alienation of affection and/or criminal conversation action against the paramour will vary depending on your county. If you win, you are awarded a monetary judgment. If the paramour does not have the resources and assets to pay it, then you would have a judgment in your favor but you would not be able to collect on it.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.