What is criminal conversation in North Carolina regarding adultery?

Adultery is still grounds for divorce in North Carolina. While many states have turned to no fault divorce, North Carolina and several other states retain several at fault grounds for divorce, including adultery.

Criminal Conversation Explained

North Carolina law allows a spouse who has been injured as a result of an extramarital affair to sue either the cheating spouse or the party with whom the spouse cheated. The causes of action under which an adultery lawsuit can be brought are Alienation of Affection or Criminal Conversation. Prosecution under these codes is not common, but they are still in the law books and available for use.

The party bringing the civil suit bears the burden of proof. In a criminal conversation case, the party bringing the suit must prove that a legal marriage between spouses exists, sexual intercourse occurred between their spouse and a third party, and the adultery took place within the three year statute of limitations.

To prove alienation of affection, the party who brings a civil suit must prove that there was a genuine affection and love within the marital relationship, the love and affection have been destroyed, the malicious behavior of a third party lead to the demise of the marriage, and damages must be shown.

Getting Legal Help

A North Carolina family law attorney can advise you if you are a party to a divorce case involving criminal conversation. Getting the help of an experienced attorney can improve your chances at a favorable outcome in your divorce case.