More on criminal conversation


Dear bsbrady58:

Greetings. These are all very good questions, but some of them can only be answered after a review of the case history, your finances, etc., in a consultation in our office. I will answer the questions I can as follows:

  1. Probably. A detailed review will be needed prior to answering this.
  2. Possibly, depending on the status of the equitable distribution case (if one is even pending).
  3. This is for a consultation.
  4. No.
  5. No, not that I know of it.
  6. Possibly, although I hope not.
  7. It shouldn’t.
  8. This is for a consultation, as it sounds like you need help budgeting and defering paymetns.
  9. Succesful.
    Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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 lost a criminal conversation case in Yadkin County on October 19th. It was criminal conversation only, no alienation of affection. It was heard by a judge only, with no evidence of my assets, net worth, or ability to pay.
I am currently separated from my wife, and my girlfriend is separated from her husband. The affair was in 2001, these suits were filed in 2003, after I had moved out after 18 months of trying to work things out, and she moved out 4 months later, on the same grounds. In both cases, we were told to leave. The lawsuits were filed mainly to force us both to agree to their terms in the divorce cases. The were not filed until after we moved out, some 2 years later.
There is a 2 year old child from this relationship, and I have 2 other children for which I am paying support, plus post-separation support to my spouse.
My attorney says I have grounds for an appeal due to the judge not having proper evidence of ability to pay, assets, or net worth. Our property has not been settled as yet through equitable distribution.
My questions are:

  1. Can I appeal this case, if so, are these grounds applicable?
  2. Can my spouse be forced to move out of the house, and sell it to
    pay off this judgement? (It is still in both our names.)
  3. What property is exempt from this type of judgement?
  4. Is it only valid in the county it is filed in?
  5. Are there services available to people in my situation, who may
    not have the funds for an appeal?
  6. Can I be forced to sell everything I own to pay this? I have 3
    children to support, and would like to continue to do so.
  7. Will this prevent me from purchasing a car, or property outside
    the county it was filed in?
  8. What are my options to continue to work, pay my current
    liabilities, and continue to support my children?
  9. How successful are winners of these types of lawsuits in
    collecting these awards? The judge told both attorneys after the
    verdict that the plaintiff will probably never collect a cent of
    the award, and that the plaintiff’s attorney should advise him of

Thank you.