Do I have any rights?


#1

Suits for criminal conversation and alienation of affection are extremely expensive and time-consuming, without any guarantee of return. An action for criminal conversation is really a civil action for adultary against the third party. The party bringing the suit for criminal conversation must be able to show 1)a marriage between the spouses and 2) evidence of volunatry sexual relations (adultery) during the course of the marriage; the adultery may have occurred pre or post-separation.

For alienation of affections, you must show 1) a marriage with genuine love and affection 2) that the love and affection between the plaintiff and the spouse were alienated and destroyed and 3)the loss of love and affection was caused by the wrongful and malicious acts fo the defendant. As you and your wife appear to have reconciled, it would be difficult ot demonstrate that the love and affection between you was destroyed by this third person.

I think the main question would be your reasons for pursuing such an action. If you and your wife are together and happy, I’m not sure it would be worth the financial and emotional drain that such a lawsuit would entail.

Good luck to you.

Meg Miller
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

ROSENDIVORCE.COM

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.


#2

Thank you for the response. I think what really burns me up about the whole thing is not the actual affair, but rather a person in that type of position in our community who has done this to more than just my family. This woman actually admitted to my wife and I that she was carrying on something with one of her clients while she was doing a mediation for this married couple. She has been caught before and I it sickens me to stand by and do nothing. I admit that part of me wants revenge-I am only human-but taking out the emotional element and looking at it from a different perspective, it seems like a crime that someone could continue to do this to people. It is like a child molestor who is given a job as a childrens counselor. It is very, very painful and I hate to see it happen again. Thank you for your time.


#3

A year ago, my wife carried on an affair with another married woman, who we were both friends with for 5 years. This woman also made a pass at me, but I did not act on those advances. Over that years time, our marriage was slowly but surely falling apart. I thought the demise of our marriage was related to my wifes depression, which became so severe that she lost a lot of weight and ended up in the hospital. My wife started seeing a counselor often and it was to my shock that my wife admitted to having this affair. Meanwhile, while our marriage was falling apart (before the hospital) her friend was calling me and telling me that my wife was faking her illness for attention and I should think about divorce. Normally, I would not buy into that, but this woman is a director of a Community Mediation Center in North Carolina and she would tell me she knew when people were lying because “it was her profession.” I almost started to believe my wife was doing this for attention until she ended up in the hospital. Nevertheless, I stayed with my wife through this difficult time and will always. My wife and I both realized that we were both being manipulated and that our “friend’s” objective was to ruin our marriage. At this point, do I have any legal recourse against this other woman? Does my wife and I have to be separated to use the Alienation of Affection OR the Criminal Conversation tort. Thank you.