A criminal conversation lawsuit is a civil claim for adultery. It protects your right to have exclusive sexual intercourse with your spouse. For you to prevail in this action, you have to prove you were duly and lawfully married at the time your spouse had sexual intercourse with a third party outside of the marriage and without your consent.
The act must have taken place when you were still married for the claim to be valid. Generally, in this kind of case, you don’t need a video or picture of the act. Most often, sexual acts are inferred based on graphic evidence like emails, text messages, public displays of affection, social networking sites, and the opportunity for the said sexual activity to have happened.
What You Must Prove in a Criminal Conversation Case
- Sexual intercourse between the plaintiff’s spouse and the defendant
- Valid marriage between the spouse and the plaintiff
As the plaintiff, you have to prove the opportunity and inclination for the sexual acts between your spouse and the third party. If the spouse and defendant are seen dating, kissing in public, or making unusually timed or frequent phone calls, this can be proof that there was an inclination for infidelity and the opportunity to have sexual intercourse. If there is irrefutable evidence that the spouse has spent overnights together with the third party in a hotel or a private location, then it can be proven that they have inclined to infidelity and the opportunity to have sexual intercourse.
Can You Seek Compensation for Criminal Conversation?
Claims for criminal conversation allows you to seek compensation relief for:
- Punitive damages resulting from malicious conduct
- Out of pocket damages
- Damages for inflicting emotional distress
You may have a solid case against your husband’s girlfriend or wife’s boyfriend for the affair, but do they have the ability to pay a large settlement in case the jury awards a verdict, or do they have assets to seize? These are vital questions to ask, and our Monroe, NC criminal conversation attorneys are here to help you answer them. An attorney may recommend doing an asset search beforehand, which enables the client to make an informed decision on whether to pursue the criminal conversation.
Bear in mind that you need to obtain and preserve evidence of the relations or affair with the third party to build a successful case. You must meet an experienced Monroe NC Criminal Conversation attorney who can offer you guidance on the best approach to accomplish your goal. Monroe NC attorneys will assist you to assess the merits of your criminal conversation claim or in defending such a claim.
When to Talk to Your Attorney
If your spouse is unfaithful or you suspect that there is infidelity, act quickly to protect your interests. In case you have been having relations with a married person or someone you suspect to be married, or you have been sued for criminal conversation, you must seek immediate legal advice. Monroe NC Criminal Conversation attorneys have the experience to handle the case and will guide you through the process. Contact us at Perry, Bundy, Plyler & Long, LLP today, and let us help you at (704) 741-5804.
With over 110 years of combined legal experience, you can trust your case with us.
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