Legal Question in Family Law in North Carolina

hHusband cheats on wife. Wife takes out a Alienation of Affection & Criminal Conversation on the third party. Husband testifies for wife's sake in court he did cheat on wife with third party. Can his testimony be held against him in a divorce or a Alienation of Affection case filed by his wife ?


Asked on 4/28/14, 9:57 pm

1 Answer from Attorneys

I don't understand the question. If husband admits to the affair, then the wife will prevail in her criminal conversation action against the third-party. She can then enforce the money judgment against the third-party.

Are the husband and wife still together? If so, then any alienation of affection action will be dismissed because obviously there was no alienation of affection if the husband and wife are still married and together. Or are the husband and wife now separated? Was this relationshipo the cause of the breakup between the husband and wife?

Alienation of affection and criminal conversation lawsuits are actions brought by the innocent injured spouse against the third-party, not the cheating husband. So these actions do not directly affect him.

However, if he admits to adultery with third-party and if he gets divorced from wife in the near future, then wife can use the fact of husband's adultery in any claims for alimony and equitable distribution against the husband.

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Answered on 4/29/14, 9:58 pm


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