|
|
|
What You Need To Know Before Filing a Criminal Conversation or Adultery Claim by Allen Spence
|
|
|
What You Need To Know Before Filing a Criminal Conversation or Adultery Claim by ALLEN SPENCE
|
|
Article Posted: 07/23/2013 |
Article Views: 177 |
Articles Written: 14 - MORE ARTICLES FROM THIS AUTHOR |
Word Count: 382 |
Article Votes: 0 |
|
What You Need To Know Before Filing a Criminal Conversation or Adultery Claim |
|
|
|
Law,Relationships
|
|
Criminal conversation is the civil wrong or tort that is raised when a sexual intercourse between two people and one who is married causes the victim spouse harm or suffering. This results in legal action against the guilty third party. A criminal conversation is adultery in plain and simple terms. And many states recognize this as a punishable offence. North Carolina in particular has a stringent law against alienation of affections and criminal conversation. When a spouse cheats or breaks up the marriage it can be devastating for all the parties involved. Alienation of affections do not have a sexual encounter involved but to sue a person against criminal conversation act, it’s necessary to prove that sex or a sexual encounter happened between the third party and the guilty spouse. Adultery results in mental anguish, humiliation, potential loss of income or support from the adulterous spouse. For this claim to be made three basic things have to be taken care of first: 1. The plaintiff and the plaintiff’s spouse were together when this adultery took place 2. The affair was not known to the plaintiff i.e. plaintiff did not give any consent to his/her spouse. Thus, it should not be an “open marriage” 3. Affair has happened within 3 years of claim being filed 4. A lawful marriage was there If the above three conditions are fulfilled, then the plaintiff is legible for compensation from the third party. Thus, the state can punish the third person for moral failing and interference into marriage while giving compensatory (for the losses borne by the victim) and punitive (punishments aside from the lawsuit) damages. Compensatory damages: These are compensatory in nature i.e. include money for the loss of support by the adulterous spouse: monetary and other legally protected interests. If there is loss of cooperation, affection, effect on mental, physical, or emotional health, all will be compensated- loss of income, medical screenings etc. Receipts, bills, tax records, and all the documentation has to be presented to claim these damages. Punitive damages: Other set of damages being the punishments that have had to be borne by the guilty party is the reckless conduct of the guilty party towards the victim. If the malice and serious harms are proved by the plaintiff, he/she is entitled to punitive damages also.
Related Articles -
criminal, conversation,
|
Rate This Article |
|
|
|
Do you Agree or Disagree? Have a Comment? POST IT!
Reader Opinions |
|
|
|
|
|
|
|
|
Author Login |
|
|
Advertiser Login
ADVERTISE HERE NOW!
Limited Time $60 Offer!
90 Days-1.5 Million Views
|
|
TIM FAY
After 60-plus years of living, I am just trying to pass down some of the information that I have lea...more
|
|
|
|
|
LAURA JEEVES
At LeadGenerators, we specialise in content-led Online Marketing Strategies for our clients in the t...more
|
|
|
|
|
ALEX BELSEY
I am the editor of QUAY Magazine, a B2B publication based in the South West of the UK. I am also the...more
|
|
|
|
|
GENE MYERS
Author of four books and two screenplays; frequent magazine contributor. I have four other books "in...more
|
|
|
|
|
SUSAN FRIESEN
Located in the lower mainland of B.C., Susan Friesen is a visionary brand strategist, entrepreneur, ...more
|
|
|
|
|
STEPHEN BYE
Steve Bye is currently a fiction writer, who published his first novel, ‘Looking Forward Through the...more
|
|
|
|
|
SHALINI MITTAL
A postgraduate in Fashion Technology. Shalini is a writer at heart! Writing for her is an expression...more
|
|
|
|
|
ADRIAN JOELE
I have been involved in nutrition and weight management for over 12 years and I like to share my kn...more
|
|
|
|
|
JAMES KENNY
James is a Research Enthusiast that focuses on the understanding of how things work and can be impro...more
|
|
|
|