When it comes to divorce in North Carolina, adultery holds a unique position as a "crime against marriage," setting it apart from most other states in the United States. North Carolina is among the seven states that allow a spouse to sue their partner’s lover. In this article, we will explore the complex impact of adultery on divorce proceedings in North Carolina, considering legal grounds, alimony, child custody, and the burden of proof.
Legal Grounds for Divorce and Adultery
In North Carolina, there are two types of divorce: "in-fault" and "no-fault." In a "no-fault" divorce, a spouse does not need to provide a reason for seeking a divorce. However, it is essential that one spouse has lived in the state for a minimum of six months before filing for divorce.
On the other hand, a "fault" divorce in North Carolina requires the spouse who initiates the divorce to provide proof of a legal ground for divorce. Adultery stands as one of the legal grounds for divorce in North Carolina, while other grounds include abandonment, cruel treatment, drug/alcohol addiction, and imprisonment.
Impact of Adultery on Alimony
Alimony refers to the financial support that one spouse provides to the other after a divorce. In North Carolina, when a spouse files for divorce, the court divides the property fairly between the two parties. During this property division, adultery can play a role if it has had a significant impact on the marriage’s finances. Additionally, adultery may influence the court’s decision regarding alimony.
Generally, in North Carolina, a spouse who commits adultery is less likely to be awarded any alimony. The court may determine that the adulterous behavior of one spouse led to a deterioration of the marriage’s financial situation. Consequently, the court might not grant alimony to the responsible party.
Impact of Adultery on Child Custody
In North Carolina, the courts prioritize the best interests of the children involved in a divorce case above all other factors. Adultery can potentially affect child custody cases, causing the court to consider its impact on a parent’s character, particularly if it is a continuous behavior. If adultery is proven, the court might assume that the cheater’s character could negatively affect the well-being of their children and may subsequently decline to award custody.
However, it’s important to note that adultery generally has limited impact on child custody if the cheating spouse did not harm the child or damage the parent-child relationship. Unless the adultery has had a detrimental effect on the child, it typically plays a minor role in child custody cases.
Burden of Proof
Proving adultery in a divorce case requires providing evidence of the sexual act and inclination. Unlike other legal grounds for divorce, adultery necessitates the spouse to substantiate their allegation of infidelity. Evidence can take the form of photographs, emails, text messages, or eyewitness accounts. North Carolina courts require proof of a physical relationship or a "suitable inclination" between a married person and another individual.
Conclusion
Adultery undeniably has significant ramifications on divorce proceedings in North Carolina. When it comes to property division, alimony, and child custody, North Carolina courts take adultery seriously and may therefore consider it when determining the outcome of a divorce case. Therefore, if you accuse your spouse of adultery, substantial evidence is crucial to prove your claim.
If you find yourself accused of adultery in a divorce case, seeking legal advice from an experienced family law attorney is of utmost importance. Such an attorney will help you comprehend your rights and skillfully navigate the divorce process. Be vigilant in hiring a licensed attorney who specializes in family law to effectively advocate for your rights and represent your interests before the court.