Can I sue my Wife and her partner for cheating?

Asked about 4 years ago - Charlotte, NC

My wife openly confesed that a friend of our was not just talking to her. He was taking care of the business that I did not care about

Attorney answers (1)

  1. Michael Edward Atwater

    Contributor Level 15

    Answered . If this means that they are committing adultery, then yes. Alienation of Affection is still a viable civil cause of action in NC. You can also be granted a divorce on the grounds of adultery. Adultery is an absolute bar to alimony in NC. However, if you stay together with your wife and continue to cohabitate after gaining knowledge of the adulterous activity, your wife can claim the defense of condonation (forgiveness). You must separate in order to file for divorce and adultery.

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