Can I sue my husband’s mistress for criminal conversation and alienation of affection even if we remain married?
Yes, being separated is not a requirement for alienation of affection or criminal conversation.
However, you may have a difficult time proving alienation of affection because you must prove, among other things, that you and your husband were happily married and had genuine love and affection and then the third party paramour destroyed that love and affection. If you remain married, it could be difficult to say that the love and affection was destroyed.
For more detailed information on the causes of action of both alienation of affection and criminal conversation, including the elements and defenses of each, check out our article Infidelity and Alienation of Affection.
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 husband fathered a child with his mistress while we were married and living together. Can I sue for criminal conversation alone? Clearly proof of sexual intercourse would be the child.
Wouldn’t this be a clear cut case to pursue?
Yes, you could sue just for criminal conversation. It would be clear from the child being born, assuming you can prove your husband is the father of the child, that sexual intercourse did happen between your husband and the other woman.
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.