Can I sue my husband for adultry?, he is currently living with a woman that he has been seeing since before he moved out

he moved out of our home on 07/14/2014.

Charlotte, NC -

Attorney Answers (2)

Sean F. McIlveen

Sean F. McIlveen

Divorce / Separation Lawyer - Gastonia, NC
Answered

The short answer is no. You can sue him for a legal separation and use the adultery as a basis for the separation. Or, if you have a claim for alimony, you can use the adultery as a factor to get alimony. NC statutes provide that if you are a dependent spouse and he is a supporting spouse that has the ability to pay, if he committed adultery it is presumed that he shall pay alimony. There is, however, no cause of action for just "adultery." You can sue the girlfriend for alienation of affection and criminal conversation for breaking up the marriage and sleeping with your spouse though.

John G. Miskey IV

John G. Miskey IV

Divorce / Separation Lawyer - Chapel Hill, NC
Answered

You can use this allegation against him in a claim for adultery if you first demonstrate that your husband was the financially supporting spouse in your marriage and you were financially dependent upon him. You also may have claims against the woman for alienation of affections, criminal conversation and related tort claims.

This answer does not establish an attorney-client relationship and should not be intended as a substitute for... more

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