Infidelity is an unfortunate reality for a lot of relationships in the United States. Statistics show that while men are more likely to cheat, at least a quarter of women also cheat on their spouses. Whenever cheating is discovered by the other partner, it often leads to a messy divorce case. In fact, it is one of the most common causes of divorce according to a Charlotte family law attorney.
There was a time when adultery did not play such an important role. But, a lot has changed in family law over the past two decades. It is important to note that all states in the U.S. do not deal with adultery the same way. In some states, cheating only has a small effect on the divorce while in other states that follow the fault system, infidelity can affect your divorce, settlement and even your spousal support.
How Infidelity Affects Divorce Cases in Charlotte, North Carolina
As far as Charlotte, North Carolina is concerned, infidelity may lead to a divorce but it cannot be grounds for filing for divorce. However, the law does allow the husband or wife to file a lawsuit against their spouse’s lover. Infidelity in a marriage can affect any of the following should the couple decide to get a divorce in North Carolina:
Alimony
According to North Carolina family law, adultery is included in marital misconduct, and the application of this law can affect alimony payments. It is important to keep in mind that if the partner in need of financial support committed adultery, the court has the power to deny alimony to the unfaithful partner. However, if both partners committed adultery, it is at the court’s discretion whether to award or deny alimony.
Division of Family Assets
Keep in mind that infidelity doesn’t have much impact on the division of family assets, except in limited circumstances. For example, if the cheating spouse accessed the joint bank account or borrowed money and used that money to support their lover or took them on an exotic vacation, the judge may take these facts into account when dividing the assets.
Child Custody
Infidelity is also very unlikely to affect the determination of child custody during a divorce case as long as the cheating spouse did not carry out the affair in front of their children or expose them to inappropriate situations during the course of their affair. But if the children were traumatized or exposed to any negativity or inappropriateness, the judge may deem the cheating partner to be less fit as a parent. Family law is very particular about the impact of parental behavior on children, and the well-being of children is always a priority.
Child Support
Infidelity does not affect child support in North Carolina.
Potential Damages
There is another aspect of infidelity in a divorce case that should also be considered. If the partner who was unfaithful acquires a sexually transmitted disease and later transmits it to their spouse, they can be held liable for the damages to the spouse in question. Most judges are not sympathetic when such infections are transmitted by partners who have been unfaithful.
Contact a Family Law Attorney in Charlotte, North Carolina, About Your Divorce Case
The biggest problem with a divorce case which involves infidelity is the bitterness and anger that could significantly affect the proceedings, the negotiations, and the possible outcome. The neglected spouse may feel hurt, embarrassed, and disrespected while the cheating spouse may feel angry about having to go through the divorce process instead of working out the issues privately. For these reasons, family law can be complicated. While you may wish to settle the matter out of court, if your spouse is uncooperative and refuses to negotiate on some things, then that may be the best option for you.
If you are in the middle of a complicated divorce, you can contact a Charlotte Divorce lawyer at Remington & Dixon. With experience in how family law works in Charlotte, North Carolina, our legal team understands how complicated a divorce case can be and will advise you on how you can ensure you get the adequate support and justice that you deserve. Call our office today, and our legal team will be happy to assist you. We want to make the process of divorce easier for you and to ensure that a settlement is reached quickly and amicably.
