Criminal Conversation

Dear freshstart:

Greetings. Please read the information posted on our website at the link below and then let me know what questions you still have remaining.

rosen.com/ppf/ID/37/alien.asp#conversation

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

I would still like to know:
Does a judge or jury hear a criminal conversation case?
Is it a very expensive case to pursue?

Dear fresh start:

Greetings. The party being sued has the right to request a jury trial. Yes, the case is generally very expensive to pursue. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.

Isn’t criminal conversation actually a civil action? Is it generally more expensive to pursue that type of case compared to a divorce action? Obviously I’m concerned about having to pay for two legal proceedings at the same time. Is a criminal conversation case heard by a judge or jury or do most settle out of court? Should the criminal conversation action be brought before the divorce action? Can children be called to testify? In my case my spouse admitted that the affair started 10 years ago. Her spouse knew about it for 7 or 8 years and never told me anything because he assumed I knew and he was also tracking her with three other men. (Yes, I’ve had an AIDS test and the first one came back negative). My 12-year old daughter found out about the affair at school because it was her best friend’s mother. On that particular day the woman tried to get my daughter to leave with her and wanted 2 of my 3 children to move in with her. My oldest daughter and her best friend knew for a long time because my husband had his mistress call their cell phones when he couldn’t be reached at home. When I asked him to move out he did and he told mutual friends the next day that he was officially dating her. Funny thing is he also asked a mutual friend if he was sleeping with the woman as well! I would hate to put my children on the stand but this woman will not bow out gracefully until the divorce is final so I don’t know what other options I have other than to bring a civil action against her.