Adultery is an innate betrayal of marital vows. It can do psychological and emotional damage to the innocent spouse and may even expose them to medical risks. Adultery can also cause irrevocable damage to a marital relationship.
The discovery of an adulterous affair often immediately proceeds a divorce filing. Spouses who discover infidelity often want justice as they move through the family court system. North Carolina does have some unique rules related to extramarital affairs and divorce. There are several ways in which one spouse cheating on the other could impact a North Carolina divorce.
Infidelity can be grounds for divorce
North Carolina still offers fault-based divorces. It is possible for one spouse to go to court and raise a claim that the other did something that rendered the marriage unsalvageable. They can secure a divorce decree that declares the other spouse at fault for the end of the marriage. Adultery is one of the grounds for divorce included in North Carolina state statute. A spouse intending to pursue a fault-based divorce due to adultery typically needs compelling evidence to convince the North Carolina family courts of the infidelity that occurred.
Infidelity can affect alimony
The law in North Carolina typically prevents a judge from considering infidelity when they fairly divide marital property. Unless there is proof that someone wasted marital resources while cheating, an affair is unlikely to affect how the courts divide property and debts between the spouses. However, a spouse who has an affair may not be eligible to receive alimony the way they might under other circumstances. If a spouse seeking alimony was unfaithful, proof of their infidelity might influence how the courts handle their request.
Infidelity can lead to secondary lawsuits
North Carolina is one of a small subset of states that allows people to take legal action over infidelity. The state has homewrecker laws that allow jilted spouses to take legal action. Not only can people divorce their spouses for cheating, but they can sue an affair partner for engaging in inappropriate interactions with a married person and damaging a marital relationship. An alienation of affection or criminal conversations lawsuit may provide the grounds for a secondary legal claim. Spouses who learn about infidelity can sometimes demand compensation for the effect that the cheating has had on their lives.
Learning more about North Carolina’s rules related to adultery and divorce can help people decide how they want to respond to a spouse’s infidelity. Those who decide to divorce may need to plan carefully if they hope to obtain a favorable outcome.