This is an unusual situation. I have been sending emails and text messages to a woman who has been separated for the past four years. They live in North Carolina but not under the same roof. She and her husband have not cohabitated during that time. Notably, he left her for another woman with whom he had been having an affair. However, they never had a formal separation agreement. It is probably just a matter of time before we become physically involved. Can he sue me for alienation of affection? If so, is he likely to win?
The statute is clear that if acts only occur after separation, they are not sufficient for an action for criminal conversation.
Sleeping with someone who is married to another person is a crime.
Thank you for your reply. A Class 2 misdemeanor? I would imagine that the courts have more urgent matters to prosecute such as people ripping tags off sofas when they are not the consumer. Are you aware of any such prosecutions? Perhaps that could start with General Petraeus.
I have not heard of any such prosecutions. I simply mention it because it is still a crime.