My wife cheated on me . I want to sue the third party for Criminal Conversation

UPDATED: Oct 2, 2022

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My wife cheated on me . I want to sue the third party for Criminal Conversation

my wife cheated on me with someone who works closely with her. He knew we were Married. I have text messages between the two talking about the intercourse they have done as well as her admitting to it. I have all the evidence showing he knowingly had intercourse with her while she is married. What can I do? Sue for Criminal conversation? I cant afford a lawyer right now. can I represent myself?

Asked on August 22, 2019 under Family Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue, but the issue is, should you? You can only receive "compensatory damages" for losses or costs this caused you, and you don't describe any quantifiable monetary losses. If there are no such losses, then even if you sue and win, you would not get any compensatory damages.
You can also seek "punitive damages," but you have to prove "malice"--willfully hurtful behavior--on the 3rd party's part, and that can be very difficult to do. This may be a case where you could sue and win and still get little or no money.
But if you want to go ahead, you may, and you may represent yourself "pro se."

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 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.

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