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.
Contact our family law attorneys by filling out the form below, or use the menu to the right for more information on our specific family law services.