# Moving in too soon?

**URL:** <https://forum.rosen.com/t/moving-in-too-soon/6312>\
**Category:** Divorce and Separation Answers\
**Created:** [August 1, 2008, 1:42pm UTC](https://forum.rosen.com/t/moving-in-too-soon/6312 "2008-08-01T13:42:29Z")\
**Posts on this page:** 8\
**Page:** 1

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**Author:** ![comingclean2](https://avatars.discourse-cdn.com/v4/letter/c/b4bc9f/32.png) [@comingclean2](https://forum.rosen.com/u/comingclean2)\
**Post date:** [August 1, 2008, 1:42pm UTC](https://forum.rosen.com/t/moving-in-too-soon/6312/1 "2008-08-01T13:42:29Z")

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Don’t move in. Unless you can get the guy in prison to sign a third party waiver, then he can technically sue you for CC. Doesn’t matter if he’s separated from his wife. She is not divorced yet and you moving in shows opportunity and intent for CC.

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**Author:** ![Greg](https://avatars.discourse-cdn.com/v4/letter/g/71c47a/32.png) [@Greg](https://forum.rosen.com/u/Greg)\
**Post date:** [August 1, 2008, 2:01pm UTC](https://forum.rosen.com/t/moving-in-too-soon/6312/2 "2008-08-01T14:01:22Z")

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He can sue me- what can he do to her?

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**Author:** ![needinganswers](https://avatars.discourse-cdn.com/v4/letter/n/35a633/32.png) [@needinganswers](https://forum.rosen.com/u/needinganswers)\
**Post date:** [August 3, 2008, 6:48am UTC](https://forum.rosen.com/t/moving-in-too-soon/6312/3 "2008-08-03T06:48:05Z")

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Nothing, really…that I know of.

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**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\
**Post date:** [August 5, 2008, 8:51am UTC](https://forum.rosen.com/t/moving-in-too-soon/6312/4 "2008-08-05T08:51:58Z")

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She can be arrested for the criminal offense of adultery.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com/live](http://radio.rosen.com/live) for details

Helena M. Nevicosi  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

Charlotte Office  
301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office  
1829 East Franklin Street  
Building 600  
Chapel Hill, NC 27514  
(919) 321.0780

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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**Author:** ![Donewrong](https://avatars.discourse-cdn.com/v4/letter/d/7bcc69/32.png) [@Donewrong](https://forum.rosen.com/u/Donewrong)\
**Post date:** [August 5, 2008, 9:27am UTC](https://forum.rosen.com/t/moving-in-too-soon/6312/5 "2008-08-05T09:27:39Z")

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Did I read that correctly? Can a spouse be arrested for adultry?

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**Author:** ![don5327](https://avatars.discourse-cdn.com/v4/letter/d/ed655f/32.png) [@don5327](https://forum.rosen.com/u/don5327)\
**Post date:** [August 5, 2008, 12:13pm UTC](https://forum.rosen.com/t/moving-in-too-soon/6312/6 "2008-08-05T12:13:20Z")

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They could arrest her, but I seriously doubt that would happen. By NC laws, cohabitating with someone else’s spouse as if married is against the law. If they arrested people for doing that my stbx would be in the poky big time. I would love to make that happen. [}:)]

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**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\
**Post date:** [August 9, 2008, 8:45pm UTC](https://forum.rosen.com/t/moving-in-too-soon/6312/7 "2008-08-09T20:45:34Z")

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A sexual relationship with someone other than your spouse while you are still legally married is adultery and you can be criminally prosecuted for this offense. Each individual law enforcement agency is responsible for deciding whether to prosecute these offenses. The previous poster is correct that I rarely see these cases prosecuted.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com/live](http://radio.rosen.com/live) for details

Helena M. Nevicosi  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

Charlotte Office  
301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office  
1829 East Franklin Street  
Building 600  
Chapel Hill, NC 27514  
(919) 321.0780

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

---

<div class="post-metadata">

**Author:** ![Greg](https://avatars.discourse-cdn.com/v4/letter/g/71c47a/32.png) [@Greg](https://forum.rosen.com/u/Greg)\
**Post date:** [August 1, 2008, 1:24pm UTC](https://forum.rosen.com/t/moving-in-too-soon/6312/8 "2008-08-01T13:24:24Z")

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My girlfriend and I are thinking about moving in together. Here’s the situation- she’s 6 months away from getting a divorce, and has children living with her. Can her husband (he’s in prison, btw) do anything legal to either one of us? We met about 6 months after they split up. This is what I’m concerned about:

Criminal conversation is the name for a civil lawsuit…based on sexual intercourse between the defendant and the plaintiff
