Adultery can be used as a basis for divorce in North Carolina.
One issue that is always troubling and doesn’t necessarily have any clear answers is when one parent starts dating someone new.The fact is that either parent is free to date and move on to a new relationship after a separation or divorce.In North Carolina, courts may consider either spouse’s marital misconduct, including adultery, when deciding how much alimony to award.In addition, this may be a factor courts consider when making decisions about child custody.Unlike criminal conversation, the innocent spouse/plaintiff doesn’t have to prove that actual sexual intercourse took place.
The plaintiff only has to prove that the defendant’s actions caused alienation and led to the end of the marriage.
Although the name suggests that a crime has been committed, a “criminal conversation” action is not a criminal case.
Instead, it’s actually a civil case, brought by a plaintiff (the party that was allegedly wronged) in a civil court.
This civil action can even be brought against a mother-in-law, for example, who advised the husband or wife to leave the marriage.
As stated above, innocent spouses can recover both compensatory and punitive damages.
This is very different from a criminal case, which is tried in a criminal court by the state or some other public official.