Unfaithfulness happens for a myriad of reasons in a marriage. The judge for your family law case will not be overly concerned why these acts of infidelity occurred, but they are concerned that they occurred at all. While being unfaithful to your spouse will not affect your ability to get a divorce, it can affect your financial situation going forward. In a marriage where infidelity occurs before the divorce, it can be used against you during your court proceedings. It can affect your rights under the family law in Charlotte, North Carolina, and may cause you to pay additional alimony to your spouse when you would not have been ordered to do so had you remained faithful.
While it is the decision of the spouse on how to conduct themselves in their marriage when infidelity occurs, it can have a devastating effect on the divorce and make it harder for everyone involved. If you are contemplating divorce, you need to speak with a Charlotte family law attorney, to understand what your options are moving forward. They can advise you on your legal rights and how your infidelity can affect the outcome of your divorce settlement.
Will I Have to Pay Alimony in My Family Law Case in Charlotte, NC?
While many factors go into deciding if alimony gets paid to your spouse, the judge does take into account your conduct during the marriage. If you were unfaithful, there is a strong likelihood that you will pay alimony to your spouse for your behavior during the marriage. A judge may determine this a reason for the failure of the marriage and you may be found at fault for its demise.
However, if your spouse was the one that was unfaithful during the marriage and they request alimony payments, they could easily be denied based on their conduct. In this case, they are the reason for the marriage failure and were unfaithful to their vows according to family law in Charlotte, NC.
When both parties are guilty of infidelity, it is entirely up to the judge to order alimony. They have the option to deny both parties alimony payments or allow it depending on the circumstances of the case. In these instances, it is imperative that you have a family law attorney in Charlotte, NC, on your side to represent you and support you during your divorce case.
Will I Lose My Property in My Family Law Case in Charlotte, NC?
Fortunately, North Carolina family law dictates that all assets and property be divided equitably among both spouses. Your infidelity will not be a deciding factor in which assets become yours as Charlotte, NC, uses an equitable division of property. This is designed to make things equally fair when dividing the property.
The judge will determine if your property is marital, divisible, or separate. This will take into account the property that you and your spouse procured during your marriage and devise it equally between you. Any property that you acquired before your marriage will be yours after the divorce. This includes debt that is equally distributed between both parties when created during the marriage.
Will I Lose Custody of My Kids in My Family Law Case in Charlotte, NC?
Custody of children is always a tricky and sensitive situation in a divorce proceeding. Your spouse may use your infidelity against you to claim you are an unfit parent. While this could affect the outcome of your custody, it is not the only deciding factor that a judge takes into account when awarding parental custody, a Charlotte, NC family law case.
The age, sex, and health of the child are factored into a judge’s decision as well as the health of you and your spouse both mentally and physically. The lifestyle that you lead could affect your custody rights if it is proven that is detrimental to the health and well-being of the child.
Your child’s emotional bond is taken into consideration as well as the financial abilities of the parent to provide all the necessary things that a child needs to thrive. A judge will also look at how a change in residence will impact a child as well as what their current educational needs are and if they are currently satisfactory.
Keeping an established living situation is easiest for the child, and they may be ordered to stay in their current home to prevent any unnecessary disruption in their lives. At a certain age, the child may be asked who they prefer to live with, and this may sway the judge to order custody based on what the child wants. However, a child’s wishes are never binding on a judge’s decision regarding custody.
There are no certainties in child custody cases, and many factors contribute to the judge’s decision. There will be a lot of evidence presented supporting both spouses as the main parent. If you are not given primary custody, you may be giving a visitation schedule that will allow you to have your children on certain days of the week. You may come to agreeable terms on your custody arrangement with your spouse. This will make it easier on the child’s living arrangement and provide them with a stable environment to learn and grow in as they get older.
To ensure your rights as a spouse, you need the assistance of a Charlotte Divorce Attorney, to help you with your case. They can represent you in court and provide evidence that supports your claims against your spouse. They will work to get your custody and help you understand what expectations to have for your divorce proceedings.
Consult with a North Carolina Family Law Attorney About Your Family Law Case
When you are contemplating divorce or need the help of a lawyer for your child custody rights, the Charlotte, NC, family law attorneys at Remington & Dixon PLLC can help. They will advise you on your legal rights according to the family law in Charlotte, NC, and work with you to develop a case that best support your needs. You can count on the attorneys at Remington & Dixon PLLC to represent you fairly and justly. Contact us today to set up a consultation.
Jennifer is a founding partner at Remington & Dixon, PLLC. Jennifer concentrates her practice in the areas of family law, wills & estates, unemployment benefits appeals, and traffic. At Elon University School of Law, Jennifer was the vice president of the Public Interest Law Society and a member of the Family Law Society. During law school, Jennifer interned at the Elon University School of Law Field Placement Clinic with Legal Aid of North Carolina where she represented clients in domestic violence court proceedings.