QUESTION
Can my husband file charges against me for adulterly if separated?
Asked on Dec 27th, 2011 on Child Custody - North Carolina
More details to this question:
A wife and husband separate voluntarily. The husband leaves the residence. The two children remain with the mother. Several months later, the husband now decides to become bitter and threatens to file charges against wife for adultery after she begins to become involved with someone else and also threatens to take children under such grounds. No legal separation papers were recorded at this point.
1 ANSWER
Criminal Defense Attorney serving Winston-Salem, NC
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Most counties in North Carolina no longer charge people in criminal court with adultery. It is still considered a crime in North Carolina but I would be astonished if it were charged. The bottom line is don't have sex with anyone other than your spouse if you're married. As far as the torts of alienation of affection and criminal conversation (the civil version of adultery) these are still very much in vogue. However, the legislature has changed the law in recent years in regard to these torts requiring a more stringent approach and not allowing activity after separation. Speak with a family lawyer in your area.
Answered on Dec 29th, 2011 at 1:03 PM