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 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: “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.
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