If you slept with the woman at any time before her divorce judgement is final, then you are liable for a criminal conversation charge against you. It doesn’t matter that you didn’t even know her or date her until well after her and her husband separated. All he needs to prove is a sex act before the ink is dry on the final divorce judgement.
Fortunately, these charges are often expensive to pursue and hard to prove. Unfortunately, 95% of the time they are used to blackmail someone into paying more money or taking less money so that the third party isn’t sued.
If you wish to see these laws abolished contact your state representatives and ask them to pass Senate Bill 1503 (2007)
You can be sued for criminal conversation anytime you have sexual intercourse with a married individual, it does not matter if they had already separated.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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I am dating a woman since Jul of 2008 and she was seperated from her husband in Jan of 2008. They live apart and keep seperate homes. There is a number of complaints filed by both parties [most the ex husband] over finanical settlements. I was serverd with papers today for criminal conversation although I had no contact with either party before their seperation and in the years leading up to it. If a married couple is legally seperated under this statue and this lawsuit am I in the wrong? How do you defend against an action like this?