Despite the name, criminal conversation isn’t a crime and has nothing to do with conversation. It’s a civil lawsuit you can bring against the person who had sex with your spouse during your marriage. North Carolina is one of very few states that still allows it. Sawyer & Associates represents people on both sides of these cases.
What is criminal conversation?
Criminal conversation is a claim for money damages against a third party who had sexual intercourse with your spouse while you were married. It’s often filed together with an alienation of affection claim, but the two are different.
What you have to prove
This claim is simpler to prove than most. You need to show:
- You were legally married to your spouse.
- The defendant had sexual intercourse with your spouse during the marriage and before you physically separated.
That’s it. It doesn’t matter whether your marriage was happy, and your spouse’s consent to the affair isn’t a defense. Direct proof is rare, so most cases rely on circumstantial evidence, like messages, photos, travel records or a private investigator’s report, showing both the opportunity and the inclination.
Criminal conversation vs. alienation of affection
| Criminal conversation | Alienation of affection | |
|---|---|---|
| Requires sex | Yes | No |
| Requires a loving marriage | No | Yes |
| Must show defendant caused the breakup | No | Yes |
| Filing deadline | 3 years from last act | 3 years from last act |
Deadlines and limits
Under N.C.G.S. 52-13, you must file within three years of the defendant’s last act. Sexual contact that happens after you and your spouse physically separate, with the intent to stay apart, doesn’t count. You can only sue an individual, not a business.
Damages
A jury can award compensatory damages for things like humiliation, mental anguish and harm to the marriage. Punitive damages may also be available when the conduct was willful or aggravated.
If you’ve been sued
Defenses are limited, but they exist. The most common are that the relationship began after separation, that the claim was filed too late, or that the evidence doesn’t actually show sexual intercourse. We look closely at the timeline and the proof.
Related North Carolina family law services
Criminal conversation FAQs
Is criminal conversation a crime in North Carolina?
No. It’s a civil claim for money damages. No one goes to jail for it.
Can I sue the person my spouse cheated with?
Yes, if the affair happened during the marriage and before you physically separated.
What evidence do I need?
Usually circumstantial evidence of opportunity and inclination, such as messages, photos or investigator reports.
How long do I have to file?
Three years from the defendant’s last act.
Can I file for both criminal conversation and alienation of affection?
Yes. They’re often filed together in the same lawsuit.
These cases are personal and time-sensitive. Talk confidentially with Nick Wilson. Call 800-355-1504 or book a consultation.
The information on this page is general and is not legal advice. Contacting us does not create an attorney-client relationship.
