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  1. #1
    Join Date
    Jun 2005
    Posts
    1

    Default Criminal Conversation in North Carolina

    Back in Oct '04 my husband told me he had an affair which lasted from June to Sept. '04. I was completely shocked. I had not idea that it was going on. I spoke to the person he had the affair with and she didn't deny it. In July '04 while the children and I were in Florida for 2 weeks, my husband spent several nights with her leaving around 5 in morning is what I was told. He was unable to go to Florida with us (which was understandable, because he has his own business) He worked every Saturday, this irritated me. However, as soon as we left for Florida he was able to take her to Tenn. for the day as soon as we left. My husband and I are still together. I've considered separation but our 3 children will be devasted. My main problem now is that the "girlfriend" occasionally calls him on his cell phone (she blocks her number) and says nothing on the phone. She works for a company that handles our car loan. I've written the company informing them that we do not what her to have any connection to our account there. This may have caused her to start calling. I want to sue her for criminal conversation but do I have to be separated from my husband to do so?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default North Carolina - Criminal Conversation

    It is my understanding that to prevail in a criminal conversation lawsuit you would have to prove the following three elements:

    1. You, the innocent spouse, are legally married to the adulterous spouse;

    2. One or more acts of sexual intercourse occured between your spouse and a third party; and

    3. That the adulterous act (or acts) occurred within the three-year statute of limitations.

    The only defense to a criminal conversation suit, once those elements are satisfied, is that the innocent spouse consented to or encouraged the adultery before it took place.

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