North Carolina is one of the few states that still has this type of tort claim, which is generally known as a “heart balm actions.” A tort is a civil action for monetary damages. This action is brought against third parties and not your spouse.
In order to pursue a claim for criminal conversation you must prove that your spouse had sexual intercourse with someone other than you. This type of claim can be heard before a judge or a jury, but is generally heard before a jury. Even though it is described as “criminal”, jail is not a remedy as this is a civil action. The only compensation that can be awarded is in the form of monetary damages.
Our family law attorneys can assist you in assessing the merits of pursuing a criminal conversation claim or defending against such a claim.