Adultery is one of the leading causes of divorce in the United States. Men and women cheat for different reasons, but the effect is often the same: a quick trip to divorce court.
Adultery in North Carolina will have dramatic consequences for your divorce. In fact, the law punishes those who commit adultery in various ways. Call Remington & Dixon to talk with a Charlotte divorce lawyer about what to expect if you have committed adultery or if your spouse has.
North Carolina Adultery Laws
Technically, adultery is a misdemeanor crime in North Carolina. However, it is virtually never prosecuted today. Instead, the major impact of infidelity will be felt in civil court, in particular, divorce court.
North Carolina has divorce laws that punish a spouse for committing adultery, especially when it comes to setting alimony. If you believe your spouse has been unfaithful, mention these suspicions to your lawyer. And if you have cheated while married, your divorce lawyer should certainly know.
How Adultery Impacts Alimony in North Carolina
Alimony is a payment made by one spouse to the other. A spouse can request alimony in two situations: postseparation support and post-divorce alimony.
A judge might order postseparation support whenever a couple decides to live apart, even if neither has filed for divorce. Under North Carolina General Statutes § 50-16.2A, the judge may consider any “marital misconduct” by either spouse when setting postseparation support. For example, if you are requesting alimony, a judge can consider your own marital misconduct or your spouse’s when deciding whether alimony is necessary.
When it comes to post-divorce alimony, a judge must consider adultery. That’s mandatory. And adultery will have an even more severe impact. (N.C. Gen. Stat. § 50-16.3A.)
For example, if the spouse requesting post-divorce alimony committed adultery, then the judge is required to deny alimony, even if the spouse would otherwise qualify for it.
Similarly, if the other spouse committed adultery, then the judge must order alimony if their spouse legally qualifies to receive it. There is little leeway when it comes to post-divorce alimony.
Sometimes a spouse might truly need alimony to support themselves. However, if they commit adultery, a judge must deny alimony under the law.
What Happens if the Other Spouse Condones the Adultery?
Adultery will not impact alimony in one narrow situation: the non-cheating spouse condones it. Condonation essentially means that the faithful spouse knew of the infidelity but consciously decided to stay married or get back together with their spouse. In common language, they “forgive” the cheating spouse.
For example, a wife might cheat on her husband, who learns of the affair. Although he briefly leaves the home, he patches things back up and moves back in with his wife. That is condonation, so he cannot raise adultery if they later decide to get divorced.
Adultery and Child Custody
Adultery will not typically impact child custody. North Carolina judges do not punish parents for committing adultery.
However, adultery could impact custody if a parent essentially neglects their children in favor of spending time with a new romantic partner. For example, a parent might visit their new love interest in Michigan, leaving young children alone in an apartment for a week. A judge would consider this type of neglect when deciding child custody.
Adultery & Division of Marital Property
Adultery rarely impacts the division of marital property. North Carolina is an equitable division state, which means any marital property is divided fairly between spouses.
Adultery might affect this division if the cheating spouse spent money on their new romantic interest. For example, a husband might have bought his girlfriend expensive jewelry or paid for trips to Europe. He might have even helped her out with her mortgage or other monthly expenses. The non-cheating spouse can claim this spending constitutes “waste” of marital assets, which means the cheating spouse should receive less marital property in divorce.
Proving Adultery: What Must You Show to Convince a Judge?
If you want to use the adultery laws to your advantage in divorce, we can help find evidence. Direct evidence of infidelity is unlikely to exist, unless you walked in on your spouse and their new partner. However, your spouse might admit to committing adultery to friends or family, or even to you. We can use their words against them in divorce.
Without an admission, though, you need to show motive and opportunity. We can establish a motive to cheat by using romantic emails, text messages, or direct messages on social media. We can establish opportunity by showing your spouse and their partner spending time together alone, such as in a hotel room.
Contact Remington & Dixon, PLLC, for a Consultation
Remington & Dixon PLLC is a law firm focused on solutions and can handle any divorce which contains allegations of adultery. Contact us to schedule your confidential meeting with a divorce lawyer. We represent clients in the 28207 zip code, including surrounding communities in Cabarrus, Union County, and Mecklenburg.
