If my wife is living with another man can I have her charged with adultery?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife is living with another man can I have her charged with adultery?

Asked on May 14, 2011 under Family Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In NC adultery is a misdemeanor, although prosecutors are generally reluctant to bring these type of cases. 

Additionally, NC is one of the only states to allow legal action to be taken against the party that the spouse is cheating with. Charges for criminal conversion can be filed and on the civil side an alienation of affection lawsuit can be brought.  However, you must not have been separated at the time that your husband had sexual relations with this other woman. These cases can be complicated and require specific proof.

At this point you should contact a divorce attorney in your area.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption