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In North Carolina, adultery can be used as a basis for divorce.
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The North Carolina Court of Appeals held in 2001 that a claim for criminal conversation against a third-party paramour is not barred by the fact that the spouses are legally separated.
The court stated in criminal conversation is based on the fact that the parties are married at the time and is based on the policy that spouses have the legal right to exclusive sexual intercourse with each other even if they are legally separated.