• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Schedule a Consultation(704) 248-7683
  • Home
  • About
    • Blog
    • Divorce Resources
  • Legal Team
  • Practice Areas
    • Family Law
      • Alimony
      • Child Custody
        • Third Party Custody
        • Grandparents’ Rights
        • Paternity and Legitimation
      • Child Support
      • Divorce
        • Absolute Divorce
        • Divorce From Bed and Board
        • Divorce Resources
      • Domestic Violence Protective Orders
      • Enforcement of Orders – Contempt
      • Equitable Distribution
      • Guardianship
      • Prenuptial Agreements
      • Postnuptial Agreements
      • Separation Agreements
        • Enforcement of a Separation Agreement
      • Spousal Support
      • Family Law A-Z
    • Civil Litigation
  • Testimonials
  • Consultation

What is Criminal Conversation?

Criminal conversation is another word for adultery.

Who can I sue for criminal conversation?

Unlike alienation of affection, criminal conversation cause of action can only be brought against the third party (the cheating spouse’s lover).

What do I need to prove criminal conversation?

The elements of criminal conversation are

  1. an actual marriage between the spouses; and
  2. sexual intercourse with a third party.

Although criminal conversation and alienation of affection are similar, it differs in that it requires a voluntary sexual act and not just interference. The most difficult aspect of this cause of action is that the plaintiff must prove that sexual intercourse occurred between the defendant and cheating spouse. Direct evidence is not necessary but is always the strongest evidence. Examples of direct evidence include pictures and videos. Circumstantial evidence is enough if the parties’ guilt can be reasonably inferred.

What are the similarities between alienation of affection and criminal conversation?

Both actions can only be brought within 3 years after the interference or adultery took please. This means that if 3 years have passed since the event or events in question, you may no longer sue a third party for either claim. Additionally, any interference or sexual intercourse AFTER the date of separation cannot be used as the basis of the lawsuit.

If you are thinking about pursuing an alienation of affection or criminal conversation lawsuit against a third party, it is very important to contact a divorce attorney. Sometimes, there are complex jurisdictional issues that can prevent the case from being heard. Additionally, if the lawsuit does not settle and ends up going to trial, you will need an attorney to represent you and to produce evidence on your behalf.

If you are the defendant in an alienation of affection and/or criminal conversation lawsuit, it is even more important to contact an attorney. If the lawsuit is successful, you could find yourself owing a significant amount of money to the plaintiff. The Law Office of Stephen M. Corby has experience with these issues and can represent you in either bringing the lawsuit or defending against one.

Primary Sidebar

Practice Areas

  • Civil Litigation
  • Family Law

Schedule a Consultation

    Want to know more?

    Talk with us.

      Footer

      Contact

      Charlotte Office logo Charlotte Office

      301 S. McDowell Street, Suite 1000
      Charlotte, NC 28204

      Tel: (704) 248-7683
      Driving Directions

      Practice Areas

      • Civil Litigation
      • Family Law

      Connect With Us

      The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with the Emblem Legal, PLLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Emblem Legal, PLLC.

      Emblem Legal, PLLC © 2023. All rights reserved. | Sitemap | Privacy Policy