Practice Areas - Criminal Conversation
Charlotte Criminal Conversation Attorneys
Our criminal conversation attorneys offer the guidance you need
when navigating this delicate and complex claim.
Our criminal conversation attorneys offer the guidance you need when navigating this delicate and complex claim.
Criminal conversation cases are emotionally difficult for all parties. Our attorneys recognize both the personal and legal complexities, offering compassionate guidance while firmly protecting your rights.
If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed, and cohabit together, they shall be guilty of a Class 2 misdemeanor.
NORTH CAROLINA GENERAL STATUTES § 14-184. FORNICATION AND ADULTERY
Despite the name, criminal conversation is a civil cause of action related to adultery. “Conversation” is an old English euphemism for sexual intercourse. Like alienation of affection, criminal conversation is a claim against the third party who had sexual intercourse with the spouse of another before any separation of the spouses.
What’s the difference between alienation of affection and criminal conversation?
Suppose a plaintiff does not have direct evidence of sexual intercourse. In that case, criminal conversation can still be proven by circumstantial evidence showing that the plaintiff’s spouse and the third party had the opportunity and the inclination to engage in sexual intercourse.
Criminal conversation is often described as a strict liability action in that a claim may succeed even if the third party was unaware of a marriage. Unlike alienation of affection, a plaintiff is not required to prove love and affection in the marriage or any negative consequence to the marriage.
Is adultery a crime in North Carolina?
Yes, adultery is a crime in North Carolina (albeit rarely prosecuted). There is a three-year statute of limitations for an action for criminal conversation.
Our Charlotte criminal conversation attorneys also represent clients in Gaston County, Cabarrus County, and Union County.