Greetings. My advice to clients is that this lawsuit is only a viable option for some, as the attorney fees are rather high for filing the same. No, I do not know any attorneys that take cases on contingency. Are you worried about the costs versus recovery?
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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.
Yes, I am afraid of my emotions driving me into making a decision that is not fiscally sound. Yet I really want to make this person pay in some way. I also know that it won’t make me feel any better about what has happened to my marriage. But this person is wealthy and has used his position and wealth to flatter and charm my wife. The other issue is that I am financially challenged at this point. I started a small business based on my wife’s income covering expenses, while getting established, and getting insurance coverage through her job. The business has grown but is not yet providing a sufficient income. I am currently looking for other work, but things are tight. Don’t get me wrong, a windfall in the form of a settlement would be helpful, but I am more concerned about not going further into debt.
From your website and other readings, it seems that criminal conversation is relatively easy to prove, especially if your spouse is living in someone else’s home. I have also read that this is an expensive suit to file. The advice is typically to think hard before filing a criminal conversation suit…why? Other that revenge, what advantage is there to filing such an action? Is it typical that when you file this action that you do not recover enough to cover the costs? What are the keys to determining damages? How much does the prominance and financial status of the third party bear on the possible settlement of such an action? Do attorneys ever take such cases on contingency? What if the third party is also separated, but not divorced? Thank you for your time.