Legal Question in Family Law in North Carolina

what is considered to be adultry

At what point is an affair considered adi;tress? If a spouse made a date with the opposite sex, met with them, gave them flowers, made out with them in the car. ( no sex) and keeps contact with them AND several others over the internet and makes dates with them. At what point is the relationship considered adultress? Is the date considered adultress or is the making out part? At what point? Does sex have to be involved in order to be an affair? These dates are made by my spouce.

Asked on 2/26/98, 12:17 pm

1 Answer from Attorneys

Robert Friend Robert H. Friend, Attorney at Law

When does it become adultery?

Both adultery and fornication require actual sexual intercourse. However, there are possibly other remedies against the other person(s) such as alienation of affection. Also, if the persons involved meet privately at a hotel or apartment and you have proof of that, the law may presume sexual intercourse, no matter what the two people say happened.

However, you may need to meet with a lawyer and see whether you have grounds for a "divorce from bed and board" (which is not really a divorce, but is a legally enforced separation). Sounds like it's time to get serious about this thing and not wait for what the legal definition of adultery is. He/she is headed that way anyway, it looks like. You need more good legal advice than we can give you here.

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Answered on 3/02/98, 12:12 pm

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