Sex dating in apex north carolina
North Carolina used to consider adultery as a class 2 misdemeanor, and opened people up to criminal prosecution. However, adultery in a marriage can lead to some less than favorable results for an adulterous spouse.
Proof of adultery by one spouse in a marriage can affect the alimony the adulterous spouse has to pay to the innocent spouse after a divorce is finalized.
The North Carolina Court of Appeals held in 2001 that a claim for criminal conversation against a third-party paramour is not barred by the fact that the spouses are legally separated.
The court stated in criminal conversation is based on the fact that the parties are married at the time and is based on the policy that spouses have the legal right to exclusive sexual intercourse with each other even if they are legally separated.
However, unlike criminal conversation, alienation of affection does not require the innocent spouse to show that actual sexual intercourse took place between the adulterous spouse and a third-party during the marriage.
The purpose of an alienation of affection claim is to allow an innocent spouse to sue a third-party for leading to the end of a marriage.
The only defenses that are available for a paramour for engaging in sexual intercourse with a separated spouse in a criminal conversation lawsuit is that the spouses were either legally divorced or the innocent spouse provided consent to the extra-marital sexual intercourse.