If my wife is living with another man can I have her charged with adultery?
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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 12 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.
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