My husband and I have been separated for 20 months. Two weeks ago he sent me an email telling me he committed adultery with a woman at church. He refuses to tell me her name because he doesn’t want me to know who it is. Can he be compelled to tell her name so I can sue her for criminal conversation? If he can’t be compelled, can I still sue her for criminal conversation without knowing her name?
You must have the name of the woman in order to sue her. When did the affair occur?
It happened three weeks ago. Can he be ordered by my attorney or a judge to give her name?
He can not be ordered to turn over her name, and if the affair occurred after he had moved out, it is not actionable.
I know I can’t sue for alienation of affection but everything I’ve read about criminal conversation said it didn’t matter if his affair happened before or after we separated. I’m confused.
The law changed effective October 1, 2009:
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2009-400
HOUSE BILL 1110
AN ACT TO CLARIFY PROCEDURES IN CIVIL ACTIONS FOR ALIENATION OF
AFFECTION AND CRIMINAL CONVERSATION.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 52 of the General Statutes is amended by adding the
following new section to read:
"§ 52-13. Procedures in causes of action for alienation of affection and criminal
(a) No act of the defendant shall give rise to a cause of action for alienation of affection
or criminal conversation that occurs after the plaintiff and the plaintiff’s spouse physically separate with the intent of either the plaintiff or plaintiff’s spouse that the physical separation remain permanent.
(b) An action for alienation of affection or criminal conversation shall not be
commenced more than three years from the last act of the defendant giving rise to the cause of action.
© A person may commence a cause of action for alienation of affection or criminal
conversation against a natural person only."
SECTION 2. This act becomes effective October 1, 2009, and applies to actions
arising from acts occurring on or after that date.