Filing Alienation of Affection and Criminal Conversation without separation

I have consultation with attorney previously. I have strong evidences that can proof both Alienation of Affection and Criminal Conversation. The paramour knew that my wife is married and has little kids. Also, we had genuine love relationship before it happen. Everything is perfect to go on with lawsuit, I am seriously considering filing lawsuit against him. One thing, I am still living with her after confrontation I am still giving her chance but she still meet this guy. If I still under the same roof with my wife, how does it affect to the case?

You do not have to be separated in order to file an action for alienation of affection or criminal conversation. However, it may allow the paramour to assert a defense that you consented to or condoned the relationship.

For more detailed information on alienation of affection and criminal conversation, check out our article Infidelity and Alienation of Affection.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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