Articles Posted in Adultery

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

If you are getting divorced because your spouse engaged in an extramarital affair, you probably want to prove adultery in your divorce case. While North Carolina is a no-fault state for divorce, which means spouses are not required to prove fault to get a divorce, you could potentially benefit from proving that your spouse committed adultery.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

When a marriage ends because one of the spouses cheated, the parties may wonder how adultery affects alimony in their North Carolina divorce. Is the spouse who had an extramarital affair entitled to alimony? Will the paying spouse be ordered to pay more alimony because they cheated on their partner during the marriage?

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

North Carolina’s family law allows spouses to obtain a legal separation by asking the court for what is known as a divorce from bed and board. While this type of “divorce” does not end your marriage, it has a significant impact on the rights you and your husband/wife have.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

Although couples can obtain a no-fault divorce in North Carolina, marital misconduct may play a prominent role in divorce proceedings. Specifically, any acts that constitute marital misconduct may affect such aspects of divorce as alimony and even child custody.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

You might want to read this one if your husband or wife is cheating on you, or you filed for divorce because of your spouse’s infidelity. North Carolina is one of only a few states that allow cheated-on spouses to sue their spouse’s lover for “alienation of affections,” or, in other words, for destroying their marriage.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect who gets custody?”

Being hurt by the one you love is devastating, especially when it is in the form of an extra-marital affair. If your spouse has had an affair during your marriage, he or she is not the only one at fault. There is a third party that is also involved in the situation. North Carolina is one of the six states that will prosecute another person for alienation of affection. Alienation of affection is a tort action against the third party who has engaged in the affair with your spouse. Essentially, you are suing the third party for depriving you of the love and affection of your spouse.

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Thinking about ending a marriage can be hard. When one starts to think that he or she might want a divorce, it can be overwhelming; there are many considerations and actions to be taken. If you are contemplating a divorce, here are some things to do to help you through the process.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

As a former mayor of New York City and attorney to the President, Rudy Giuliani is no stranger to being in the press. Recently, he has made the headlines, not for his political career or attorney work, but for a divorce to his soon to be ex-wife. His ex-wife has recently made allegations that he was having an affair during their marriage, according to the Washington Examiner.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

The act of adultery of one or both spouses is one of the biggest reasons that couples get divorced. North Carolina is a no-fault state in regards to divorce. This means that the spouse who files for divorce is not required to prove that the other spouse is at fault for the divorce. In some states, adultery is one of the “faults” that a spouse can cite as a reason for divorce. This is not true in North Carolina. Nevertheless, adultery can have an impact on a divorce. Alimony payments, child custody, and property distribution can all be affected by adultery.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

In many places, if a marriage ends due to an affair, the innocent spouse may be left with anger and hurt feelings, but will otherwise have no recourse. That is not the case here in North Carolina, one of the few remaining states to recognize the right of an innocent spouse to bring claims for alienation of affection or criminal conversation. Though the cases are relatively rare, they still occur each and every year, with some, like a recent case out of Winston-Salem, grabbing headlines.

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