Like a claim for alienation of affection, a claim for criminal conversation is only available in a few states, including North Carolina.  Despite the word “criminal” in the name, a lawsuit for criminal conversation is strictly a civil action for money damages.  A lawsuit for criminal conversation is essentially a lawsuit filed by a spouse against a third party for adultery.  Although not required, a claim for criminal conversation is often tied together with a claim for alienation of affection.

In a criminal conversation lawsuit, the plaintiff seeks financial compensation from a third party who engaged in a physical relationship with the plaintiff’s spouse while the spouses were married and before the spouses separated.  The plaintiff spouse must establish that he or she suffered damages such as emotional harm, loss of financial support, loss of companionship, and mental anguish.  A single act of adultery can be a sufficient basis for a criminal conversation claim.  There does not have to be hard evidence such as a photograph or video of the adulterous act.  Proof of an adulterous act can be presumed from the circumstances if the plaintiff can establish the defendant and plaintiff’s spouse were inclined to commit adultery and an opportunity was created to do so.  Text messages, social media, emails, phone calls, receipts, work trips, public displays of affection, and the like can be used to establish both inclination and opportunity. 

If you are concerned you may be faced with a criminal conversation and/or alienation of affection lawsuit or have already been served with legal papers, or if you are seeking legal insight into whether to pursue such a claim against a third party, contact Caleigh at EVANS FAMILY LAW to schedule a consultation.