Is it okay yet?


#1

Dear huntress:

Greetings. Adultery is a criminal charge. Yes, if you are having sex and he is married, that is adultery. Your relationship may, or may not, have an effect on custody. I would wait until June. After divorce is over, and all issues of alimony, custody, and equitable distribution are over, it may be safe for you to come out into the open. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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
quote:
[i]Originally posted by JanetFritts[/i] [br]Dear huntress:

Greetings. Adultery is a criminal charge. Yes, if you are having sex and he is married, that is adultery. Your relationship may, or may not, have an effect on custody. I would wait until June. After divorce is over, and all issues of alimony, custody, and equitable distribution are over, it may be safe for you to come out into the open. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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.


I know that AoA can be broght against the other party for Adultery but what about the spouse who cheated?

Confused


#3

Alienation of affection is filed against the 3rd party. Criminal Conversation or adultery, the act of sex with someone other than who you are legally married to is what your spouse could be charged with. Adultery and Criminal conversation are the same thing. It is a criminal charge and would be up to the DA whether or not to pursue charges against your spouse. You can not sue for criminal conversation/adultery. Adultery is a misdemeanor and is rarely prosecuted. It is not considered adultery if you are not married therefor the 3rd party can not be charged with adultery.


#4

Also, the 3rd party being sued for Alienation of Affection does not necessarily have to be another woman or man that your spouse had an affair with. It could be anyone that alienated the affections of your spouse from you.


#5
quote:
[i]Originally posted by stepmother[/i] [br]Alienation of affection is filed against the 3rd party. Criminal Conversation or adultery, the act of sex with someone other than who you are legally married to is what your spouse could be charged with. Adultery and Criminal conversation are the same thing. It is a criminal charge and would be up to the DA whether or not to pursue charges against your spouse. You can not sue for criminal conversation/adultery. Adultery is a misdemeanor and is rarely prosecuted. It is not considered adultery if you are not married therefor the 3rd party can not be charged with adultery.
Thanks

Confused


#6

I may have been wrong about this. "Criminal conversation is the name for a civil lawsuit sounding in tort (a kind of injury to the person) based on sexual intercourse between the defendant and the plaintiff


#7
quote:
[i]Originally posted by stepmother[/i] [br]I may have been wrong about this. "Criminal conversation is the name for a civil lawsuit sounding in tort (a kind of injury to the person) based on sexual intercourse between the defendant and the plaintiff

#8

Dear everyone…

No, the person that committs the adultery (ie. your spouse) cannot be sued for alienation of affection. There is a criminal charge of adultery you may be able to get the DA to charge them with and they will lose their rights to alimony. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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.


#9

Two years ago I had an affair with a married man. His wife found out and they separated for a few months. Having two kids, he wanted what was best for them so he did all he could and she eventually took him back. This past June she filed for divorce and has moved out. I ran into him in August and our relationship picked up where we had left off. Up until then we had had no contact with each other. Can his ex claim adultery still? Also, he has custody of his fifteen year old son. Will our relationship have an affect on him keeping custody? We have been keeping a very low profile and the ex-wife does not know about our being together again, but what would the ramifications be if she were to find out? The divorce will be finalized in June, but do I have to hide until then? Will I still have to hide after that?