Criminal Conversation

Criminal Conversation, along with Alienation of Affections, it may be a possible claim against a third party (such as a boyfriend or girlfriend) related to your separation and divorce.  This claim is historically referred to as a “heart balm” tort. When pursuing a claim for Criminal Conversation, you must prove that your spouse had sexual intercourse with someone other than you during your marriage and prior to your date of separation. This is a strict liability tort and is usually heard before a jury (and not a judge). Although the claim is titled “criminal”, it is a civil action.  Even though you may have already gone through a separation or divorce, as long as the claim is filed within the applicable statute of limitations, you may still have a viable claim against your spouse’s paramour.
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