Criminal conversation ,personal injury


#1

For alienation of affection, it’s a little trickier since he’s stayed in the marriage.

For CC, no, you don’t have to be separated/divorced. A sex act took place and you weren’t legally divorced…period. Now the problem in your case is that none of the sex acts took place in NC. Your only recourse at this point is if her enticement for the sex took place through email or the phone while he was in NC. Even then, not being an attorney, I’m unsure of how far you could argue that one.


#2

I don’t see how she has any claim on any property of his just because they share a child. Technically, the child doesn’t either, but that would be a will/inheritance issue. I can’t see that the other woman has any claim from your husband other than child support.

What she SEEMS to be doing now is using that child as way to keep communication with your husband, which could drive a wedge between you and him if you’re not careful and very strong. A CC claim could quiet her down, but your husband is going to have to 100% be on the bandwagon too…and he was a participant. Technically, he broke the law too- and by taking him back, you ‘forgave’ the act.


#3
quote:
[i]Originally posted by comingclean2[/i] [br]I don't see how she has any claim on any property of his just because they share a child. Technically, the child doesn't either, but that would be a will/inheritance issue. I can't see that the other woman has any claim from your husband other than child support.

What she SEEMS to be doing now is using that child as way to keep communication with your husband, which could drive a wedge between you and him if you’re not careful and very strong. A CC claim could quiet her down, but your husband is going to have to 100% be on the bandwagon too…and he was a participant. Technically, he broke the law too- and by taking him back, you ‘forgave’ the act.



#4

Thanks to all who answered.
He said he is totally willing to go along with my decision to pursue
the CC suit against her if it is possible. If he is willing to state where these acts took place is that proof enough?
Can he be in trouble legally for his part? While I would not try to tell the legal system how to decide anything I do have an opinion on this one. I believe that, after her showing her true colors to him by causing all this trouble, financially,emotionally etc.,this is punishment that will never end as long as she continues to wedge into
our/his life.
Because I took him back to try working on our marriage this constitutes forgiveness? Is that in the eyes of the law & would that
have any negative bearing on the case?
Shouldn’t forgiveness be or not with work and time? I don’t understand how the legal system can tell me or anyone when or if working on the marriage is forgiveness. Only I will know with my whole heart when or if that will be possible.It is a step by step process.

Yes we know what she is trying to do. But proving it is another obstacle & probably isn’t anything legally we can do anything about anyway. Will she ever tire of getting nowhere & taking all this effort?
My husband has told her on the phone & written her a letter stating his intentions of remaining in our marriage and for her to stop sending anything of a personal nature here or anywhere, to go through her attorney. Since then there have been many written correspondences & a few packages sent to husband and myself,comments pointed toward me & cohersion on her part to try to sway him her way. I have also responded to the stuff she slammed me about & told her she is intruding.
Would any of the correspondences from her be admissable in court?
While I may not prove what state or states the sex took place, isn’t there something
to be said for the results being the child? Should it matter what state or states the acts took place in? They happened.

Just about the time we start to settle down & feel good again here she comes with yet another complaint,now filed through her attorney.
There must be something in this mess with enough proof.

I think I pushed the wrong option before sending this comment so forgive me I am still learning how to use this site properly.
Again thank all who have taken time to read & respond.


#5

Let me be blunt. I personally was charged with AofA and CC. I, however, NEVER acted as this woman did. She sounds kind of crazy and her actions are a bit psychotic in my opinion. She is bordering on harassment if she hasn’t already crossed the line.

Are you SURE 100% that this child is your husbands??? Is this other woman married also? These issues are important to know before pursuing any type of lawsuit. If she is married, then legally, that child is her and HER husband’s. If she is not married, I would demand DNA testing.

As far as the forgiveness thing. I understand where you’re coming from. But legally, the law sees you as forgiving your husband for adultry if you take him back and resume a marriage. I’m not sure LEGALLY how that influences a lawsuit for CC. That’s Helena’s call.

Think carefully about the lawsuit. Obviously, something needs to be done to make this woman back-up a bit when it comes to trying to persuade your husband into leaving. The lawsuit is expensive. It may only take a formal complaint from your lawyer for CC to open her eyes (IF that is able to happen in you situation with the reconsciliation). Your situation is much different than mine.

It sounds like your husband wants to make good with the marriage. I think he got into ‘something’ and realized what a kooky person she was and tried to get out. Maybe she said the child was his to try to get him to stay…who knows. But I would certainly find out. She might have other boyfriends.

  1. Is she married?
  2. Is the baby really his?
  3. Investigate an order for harassment/no contact/protection…
  4. Consult a lawyer about the CC possibility.

#6

Re: Does it matter where the sex acts took place?..As far as court jurisdiction goes…yes. If you want to sue for CC, the sex acts either had to be in NC or agreed to/coerced using communication in NC (i.e. telecommunications through the state…I wish I could explain it better…), otherwise they fall under other jurisdictions and most states do not have AA/CC laws or adultery laws that are still valid and applied.

With CC, forgiveness after the fact doesn’t matter. It is still prosecutable. Only condonation BEFORE the act would create a problem. (With AA, forgiveness does create an issue.)

I agree with comingclean2. I’d investigate legal injunctions for harrassment against her. While the lawsuit actions may or may not be considered harrassment in the state in which she’s filed, sounds like her more personal contact is.

Just my personal suggestions as to what I would do (Helena can tell you what’s viable and what’s better):

1.) Demand paternity testing for the child. (If he is the father, see about having the child support payments managed through the state so that you don’t have to have further contact with the mother.)

2.) Get a legal injunction against any further contact except through your attorney.

3.) Keep every email, voicemail, and/or package sent as evidence. Store them somewhere safe and out of sight so you don’t have to dwell on it.

4.) Refuse to contact or speak with this person further through any means except your attorney. If she calls, hang up. If she emails, don’t reply, just save as evidence.

urgh. I feel for you. Sounds at best a little like borderline personality disorder…at worst…like that Glenn Close/Michael Douglas movie I won’t mention the name of. So sorry you’re going through this…


#7

"Now she has back to back legal actions of child support,for him to pay her & the childs medical expenses from here on out,that any of his personal property that he may sell, transfer or otherwise he has to tell her and or the court beforehand. "

I also still wonder about this. I don’t think he would be liable for HER medical expenses from here on out,OR that information of any personal property would be any of her business. If so, I’d like to know the reason behind it. He has no legal financial committment to her personally other than the child they supposedly share.

Question to 1@aloss: Have you seen any legal documentation as of yet? If so, exactly what kind of document is it? Good lord, tell him not to sign ANYTHING before seeing a lawyer. [:0]


#8

You can sue her for criminal conversation, but you will have to meet the jurisdictional requirements for this state, and must prove that she has minimum contacts that are sufficient to permit the state to exercise jurisdiction over her, or you must serve her within the state.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Phone: (919) 321-0780

ROSEN.COM

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.


#9

Have been reading differnt situations in your forum about criminal conversation suits and what requirements are needed to pursue.
My husband and I are not getting a divorce. Do we have to be separated or in process of divorce for me to sue his ex-mistress for CC? We were separated for a while off & on for several months. However he never moved all of his belongings our of our marital home,he would come back and we lived as a couple for short periods. Supposedly there was a child from the affair. He since has decided he wants to try working on our marriage. The affair took place in a couple of states, not NC (his admission), which may not have any bearing on the issue.

If a CC is not viable is there a any legal action I can file on her for personal injuries or damages? If so could someone tell me what to look under to find an attorney in Eastern NC who handles such cases or tell me the name of a reputable one?

Also since he told her of his decision to stay married to me, she has sent him letters, packages,even letters to me rubbing my face in the mud about them having a connection always and that she would always be my threat. We both wrote her letters stating we wished nothing else come from her on a personal level, but to take it through legal channels. Now she has back to back legal actions of child support,for him to pay her & the childs medical expenses from here on out,that any of his personal property that he may sell, transfer or otherwise he has to tell her and or the court beforehand. This action was sent from another state and has not yet been etched in stone. I want to know if she has any legal hold on the property she claims is his personal since all of his is mine and resides in NC.? He is paying support as required by the court is not in arrears. Could any of the claims & orders pending be considered harassment or any other action that canlegally be pursued by either or both of us under NC laws? If so does it make a difference that she is in another state?
I as the injured party (spouse) feel that all laws are against me & all on her side and that I am unable to take a stand in defense of myself.

We are trying to have a decent life together & need no further unnecessary interferences from her. I did specify unnecessary.

Thank you for any helpful information you may have.