Criminal Conversation Question

North Carolina Divorce Law Divorce and Separation Answers
1

My ex and I were officially divorced (Absolute Divorce) on March 9, 2009. In the divorce papers it stated that custody and visitation of our two children would be decided later through mediation or another hearing. He however has abandoned these children they have not seen their father since 2007.

The next week I found out his girlfriend was two months preganant. My ex husband began an affair with this girlfriend while we were togther and married and he left me for her thus it broke up our marriage. Our official date of seperation was in July of 2007.

Can I still file a criminal conversation lawsuit against her? If so, how long do I have to decide? How much money will it cost me to file the lawsuit, is it just a matter of drawing up the paperwork? Would there even be a trial since I can prove after the baby is born that my ex husband is the father of her child? Finally, sorry for all the questions, but if I am awarded damages, could these damages be garnished out of her paycheck?
Thank you

2

Sounds like you do have a case for CC with the date of the birth.

I don’t know how much is costs to persue the case, but I paid around 5K to defend myself, so I assume it was that much or more for the other side. It never went to court. It’s a LONG, EMOTIONAL process full of legalities. It’s not just a process of drawing up papers.

There is a 3 year statute of limitations for both AofA and CC. Three years from the date of discovery.

3

Yes you can. The statute of limitations is 3 years from the date of discovery of the affair. These suits can be very expensive as most attorneys bill by the hour. If the case does not settle, and goes to court the preparation is extensive, and the trial will be heard in front of a jury. The damages awarded cannot be garnished from a paycheck, however you can place a lien on her property