I have been separated since Jan 1. My wife moved out and later on i found out that she had an affair and has admitted to it. We have 3 children as well. I found out today that she and the man she had an affair with are living together now. Is there a NC law that prohibits this?
No. They can live together, but you may have an action for alienation of affection and criminal conversation.
Would not the affair constitute adultry, and be a bar to alimony, especially as she is now living with the lover and more than likely having sexual relations as well.?
*not an attorney
Alimony is based on actions before separation date. You would need to prove it, if you could it would likely bar alimony. Testimony could be heard but if wife will not admit to it in court it would help to have proof.
The original poster didn’t ask about alimony.
Can someone give more details to this criminal conversation menyioned above, thank you,
Alienation of Affection is a torte that basically says someone alienated the affections of your spouse from you. This does not necessarily mean there was a romantic or sexual link.
Criminal Conversation is a torte that specifically deals with sexual relations.
Both are very expensive tortes to pursue and the results can vary wildly. I’ve read cases where the accused party was found guilty but the plaintiff only awarded one dollar. Typically it’s not worth pursing unless the paramour has significant assets.