A lawsuit for criminal conversation is a civil claim for adultery. Unlike alienation of affection, this tort action does protect the fundamental right of exclusive sexual intercourse between spouses.

To prove a cause of action of criminal conversation, the plaintiff must be, or have been at the time, lawfully married and his or her spouse had sexual intercourse with the defendant without consent of the plaintiff during the time of the marriage.  The lawsuit must be brought prior to the end of the statue of limitations.

It does not matter if the plaintiff's spouse consented, or if the plaintiff and his or her spouse were separated at the time. 

Here is a vary basic and fictitious situation to illustrate the action of criminal conversation (even if your situation is exactly like this, do not interpret this as legal advice - if you are involved in a legal action, talk to an attorney):

Bob and Jean are married and have been for 10 years.  Neither is happy in the marriage and together they decided to get divorced. Bob sees an attorney and tells Jean that North Carolina law requires spouses be separated (living separate and apart with the intention to end their marriage) for a year and a day before they can be granted a divorce by the Court.  Jean moves out out of the house into an apartment of her own.  Two months later, she begins dating and falls in love with her neighbor Jack.  Jean and Jack move in together and begin a sexual relationship.

Bob can sue Jack in civil court for criminal conversation.  It does not matter that Jean moved out, or that both Jean and Bob agreed to end their marriage.  Even if Jack didn't know Jean was still married, it wouldn't matter in the eyes of the law.

In the past few years various bills to eliminate the current laws regarding criminal conversation and alienation of affection have been introduced in the North Carolina legislature and defeated.  Some legislators and lobby groups say these torts are outdated because they are based on ancient property law. Other legislators and lobby groups say the statutes help preserve the family and help put a value on a marriage and the damage caused by third party interference.

If you are being sued for criminal conversation, it is important to hire an experienced attorney to represent you in the action.  If you are separated or are anticipating a separation from your spouse, it is possible for your attorney to draft documents that will protect you from a future criminal conversation or alienation of affection action, in the event you desire to have a relationship following your separation with your spouse.  Such agreements must be signed by your spouse, so it is important to find an attorney who can draft and negotiate these agreements for you.  This type of agreement is usually contained in a Separation Agreement, but can also be included in other interim agreements if the parties need additional time to resolve other issues related to the marriage.

At Haas McNeil & Associates, P.A., commitment to our clients' needs is our number one priority. We can support you with child custody and child support issues, and ensure that the outcome of your case is fair and in accordance with North Carolina law.

The attorneys at Haas McNeil & Associates, P.A. would be happy to assist you in preparing or negotiating these agreements or representing you in related litigation.  Contact us at 1-866-783-9669, or via our online contact form, to request more information and schedule a consultation with one of our attorneys.