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Defending against criminal conversation and alienation of affections actions can be embarrassing, not to mention costly to paramours, and they can damage a cheating spouse’s chances of resolving a pending divorce case on favorable terms.

Tread carefully when romancing a “separated” spouse.

She tells her husband, through her lawyer, that she will drop the criminal conversation and alienation of affections actions against the husband’s girlfriend if he agrees to additional monthly support payments and an unequal division of property in her favor. The wife is using the husband’s (and his girlfriend’s) poor choices as leverage to get what she wants in her divorce case.

She has every legal right to do so, assuming the facts as she presents them are true or that it is reasonable, based on what she has seen and heard, to believe they are true.

As long as these causes of action remain viable, however, separated spouses and those involved in relationships with separated spouses must tread carefully.

Since courts in North Carolina now recognize same-sex marriages, it is likely that courts will eventually recognize same-sex criminal conversation and alienation of affections actions, although in some actions the traditional definitions of actionable sexual contact may present difficulties for claimants.

Heart-balm actions can be used as leverage in divorce cases.

Then a sheriff’s deputy shows up knocking on your door.

) follows through on getting that next piece of paper—the divorce—from his (ex) wife.

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