Divorce and infidelity are incredibly complex and emotionally challenging issues that couples may face. Whether you are personally dealing with these situations or supporting someone else who is, it is crucial to have a comprehensive understanding of the divorce and infidelity processes specific to North Carolina. This extensive guide aims to provide you with valuable insights on how to navigate these situations effectively in the state.
Understanding Divorce in North Carolina
Divorce in North Carolina is legally referred to as "divorce from bed and board," a term that signifies the court’s legal separation of you and your spouse while recognizing that you are still married. To obtain a divorce from bed and board, certain legal requirements must be met:
Residency
To file for divorce in North Carolina, at least one spouse must have been a resident of the state for a minimum of six months before filing.
Separation
For a divorce from bed and board to be granted in North Carolina, the spouses must have lived apart for a period of one year and one day.
Grounds for Divorce
In North Carolina, a divorce from bed and board can be obtained if the spouse seeking the divorce can provide evidence of one of the following acts committed by the other spouse:
- Abandonment or desertion
- Adultery
- Cruel and inhuman treatment
- Intolerable indignities
- Habits of drinking or drug use
- Spouse is imprisoned for a felony
Property Division
North Carolina follows the principle of equitable distribution, meaning that marital property is divided fairly, though not necessarily equally, between the spouses.
Navigating Infidelity in North Carolina
Dealing with infidelity in North Carolina can present unique challenges due to the state’s specific laws concerning its impact on the divorce process.
Alienation of Affection
North Carolina is one of the few states that still recognizes alienation of affection as a legal tort. If your spouse engages in infidelity, you may potentially be able to file a lawsuit against their lover for the harm inflicted upon your marriage. To succeed in an alienation of affection case, the following elements need to be proven:
- Proof of a valid marriage between the plaintiff and their spouse
- Evidence that the actions of the outside third party have deprived the plaintiff of their spouse’s affections
- Demonstrable causal link between the willful acts of the third party and the loss of affections, including evidence of adultery, surreptitious behavior, and communication between the third party and your spouse
Criminal Conversation
North Carolina law also recognizes the tort of criminal conversation. This means that if your spouse engages in sexual intercourse with another person, you may have grounds to sue that individual for damages. Similar to alienation of affection, the following elements must be established:
- The plaintiff being legally married to their spouse at the time adultery occurred
- Proof of sexual intercourse between the defendant and the plaintiff’s spouse during their marriage
- A direct causal connection between the defendant’s adultery and the dissolution of the plaintiff’s marital relationship
No-Fault Divorce
North Carolina allows for no-fault divorce, enabling individuals to file for divorce without providing evidence of their spouse’s fault. However, it is important to note that choosing this option may have financial implications if one spouse believes they have been wronged due to their partner’s infidelity and would have a stronger case if fault could be proven.
Seeking Support and Assistance
Dealing with divorce and infidelity can be stressful and emotionally draining. It is crucial to seek help and support from therapists or support groups during these challenging times. North Carolina offers various options for support:
- National Domestic Violence Hotline: 1-800-799-SAFE (7233)
- North Carolina Coalition Against Domestic Violence: 1-888-232-9124
- North Carolina Council for Women and Youth Involvement: 1-919-733-2455
- North Carolina Legal Aid: 1-866-219-5262
Conclusion
Navigating divorce and infidelity in North Carolina can be a bewildering and trying experience. However, by familiarizing yourself with the legal requirements and implications of these challenges, you can successfully navigate this period. Remember to seek support and assistance whenever necessary to help you through this journey.