When it comes to seeking a divorce in North Carolina, numerous factors can impact the process. One of the most challenging situations that couples may encounter is when one spouse is engaged in illegal activities. In this article, we will delve into the intricacies of divorce laws in North Carolina and how they apply when illegal activities are involved.
Grounds For Divorce in North Carolina
In the state of North Carolina, there are primarily two grounds for divorce: separation and incurable insanity. Separation is the most commonly cited ground for divorce and necessitates that the couple has lived apart for a minimum of one year. On the other hand, incurable insanity requires that one spouse has been confined to a mental health facility for at least three years due to a mental illness that is considered unlikely to be cured.
Can Illegal Activities Be Grounds For Divorce?
While engaging in illegal activities, in and of itself, may not be considered grounds for divorce in North Carolina, it can serve as evidence to support other grounds for divorce. For instance, if one spouse is involved in adultery or substance abuse, such behaviors can be utilized as proof of a voluntary separation or as evidence that the spouse is mentally incapable of continuing the marriage.
It is crucial to note, however, that mere allegations of illegal activities against a spouse do not suffice to merit a divorce. Tangible evidence, such as witness statements, police reports, or physical evidence, must be present to substantiate these claims.
Impact on Child Custody and Support
When a spouse is engaged in illegal activities, it can have repercussions on child custody and support arrangements. In North Carolina, the court determines child custody based on what is deemed to be in the child’s best interests. If a parent’s illegal activities are deemed to pose a risk to the child’s safety or well-being, the court may impose limitations on visitation rights or even terminate them altogether.
Similarly, illegal activities can also influence child support arrangements. Although the court generally calculates child support based on each parent’s income and ability to provide for the child, a parent’s involvement in illegal activities could adversely affect their capacity to earn a livelihood or fulfill their support obligations.
Conclusion
When one spouse is entangled in illegal activities, it inevitably strains the marriage. While it may not be a direct ground for divorce, it can still wield influence over the divorce proceedings. If your spouse’s behaviors are affecting your marriage, it is imperative to consult with an experienced family law attorney who can offer guidance on your options and chart the best course of action to take.