Criminal Conversation


#1

My wife of 25 years packed up and left yesterday moving 2000 miles away to live with the person she found on the web. I have found pictures on our pc made of her and this woman together with captions such as “together forever” and “true love” with both of their pictures in hearts. She has now arrived and is residing with this woman. Do I have a case for criminal conversation? I am not a spiteful person but this has caused my childeren and grandchildern great pain and I may consider taking some kind of action for that reason. If I can take action how long before the staut of limiations expires. I had no idea this was going on I came home to a 1 and 1/4 page letter on the table.


#2

Criminal conversation is a third party action in which you must prove this woman had sexual intercourse with you wife. The statues define sexual intercourse as it happens between a man and a woman, so I do think it could be a bit of a challenge to pursue this claim. An alienation of affection action may be more applicable here. The statue of limitations is 3 years from the date you discovered the affair, and this woman must have some connection to NC in order for the state to have jurisdiction.


#3

Erin…can you please elaborate on the requirement for the paramour to have some connection to NC?

ie - If I, living in NC, have conversations (wife claiming they are AA) with someone in Nebraska, or some other state…and I have never met that person in NC or anywhere in person. And that person does not live in NC…but has occassionally visited for business. Does that mean that NC has no jurisdiction…and the AA claim cannot be pursued?

thanks.


#4

If some portion of the affair physically took place in NC (even phone calls made to the party living in NC) the state will have jurisdiction over the claim.


#5

wow…that’s interesting. So, since I am in NC, but the aledged paramour is not. And all calls/emails originated from another stated…than there is no possible lawsuit issue against the paramour for AA?

I just needed to re-state that for clarity. THanks


#6

That is correct as NC does not have jurisdiction if the paramour has not purposely availed themselves to the state.