Criminal Conversation


#1

Even though STBX and I are divorced, am I able to file a criminal conversation charge against his current girlfriend with whom I know he’s sleeping? My daughters have stated that she has arrived after they have gone to bed when they’ve gone to their father’s house for visitation and left before they woke up so she IS staying there overnight when my daughters are there. However, we don’t have any “overnight guest” clause in our custody agreement and we have no separation agreement written. My boyfriend does NOT stay overnight when my daughters are with me (and they are with me 95% of the time). He helps me put them to bed and then he goes home.

STBX filed an AOA/CC claim against my boyfriend (bogus filing done out of spite). Can I file a CC claim against his current girlfriend for them having sex while we’re still legally married or is that a waste of time? Can anything be done about her spending the night there when my daughters are there at this point?


#2

You may file a CC claim only, there is nothing you can do about the girl friend unless she is a danger to your children which warrants a change in custody.