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Frequently Asked Questions About Conduct During Marriage

Read questions about adultery—and answers from Rice Law.

Adultery

Q: Is it possible for adultery to be considered legally okay?

If my wife doesn't provide me with my basic needs and she suggested for me to find a "sex friend." Could finding that "sex friend" be used against me later...even though she wanted me to do it? Is it possible for adultery to be considered O.K. legally? (Jamestown, NC)

A: Adultery is a crime in North Carolina: "If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other. N.C. Gen. Stat. §14-184" However, the law is probably unconstitutional. Hobbs v. Smith (2006 Pender County) – Held Adultery Statute Unconstitutionally Vague [but since it was not appealed by the Attorney General, it only applies to Pender County, North Carolina]. Despite the criminal aspects, sex with someone not your wife can create other problems despite her "consent." There are some cases dealing with alienation of affections and criminal conversation that raise the issue of "consent." It is problematic in part because your wife may say it is ok now and change her mind. Simply put, if you plan to have sex with another woman not your wife. It is best to separate and then only have sex with someone else who is either not married or legally separated.

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Notice & Disclaimer: These questions were posted on Avvo, Lawguru, or a similar service. Some have been slightly altered to correct grammar while others are posted intact. This information has been posted for educational and informational purposes only. You should seek help from an attorney licensed to practice divorce and family law in the State of North Carolina because the facts of your particular situation may warrant a different answer. No attorney client relationship created through the use of this Web site. Information pertains to the State of North Carolina only.


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