Divorce is always an emotional journey. Not only are you dealing with the end of a relationship, but many legal matters must be addressed. When adultery is a factor, it adds a layer of complexity. 

Not only can the hurt and betrayal caused by an affair make it difficult for the couple to communicate, but adultery can also have a significant impact on the divorce proceedings. 

As a “no-fault” divorce state, North Carolina recognizes that marriages can end for various reasons; however, when adultery comes into play, it can influence the overall outcome of divorce proceedings. 

“No-Fault” Divorce in North Carolina

Firstly, it’s important to understand that North Carolina is a “no-fault” divorce state, meaning that a spouse can file for divorce without specifying a particular reason, such as infidelity, cruelty, or abandonment. The only requirement is that the couple has lived separately for at least a year and one day, with at least one party intending to end the marriage. This approach is designed to streamline divorce proceedings, focusing on the separation rather than assigning blame.

How Adultery Can Affect Divorce Outcomes

While North Carolina is a “no-fault” divorce state, adultery is considered a form of marital misconduct. If one spouse can prove that the other committed adultery before their separation, it can have an impact on the outcome of the divorce settlement. 

Alimony

Adultery may be considered when determining alimony. If it is proven that the supporting spouse committed adultery, the court is required to grant alimony to the dependent spouse. However, if the supported spouse or both spouses committed adultery, alimony can be awarded at the discretion of the judge. 

Property Division

Adultery generally doesn’t directly impact the division of marital property. In North Carolina, marital property is divided equitably, meaning it is divided fairly but not necessarily equally. However, if the adulterous behavior affected the financial aspects of the marriage, such as using money from a joint bank account or acquiring credit card debt to carry out the affair, it might be considered when dividing assets and debts.

Child Custody

Adultery alone is not a decisive factor in child custody determinations. North Carolina courts focus on the best interests of the child, so committing adultery does not automatically cost a parent custody of their child. However, if the adulterous behavior negatively affected the child or the family environment, it might be considered relevant to custody decisions.

Contact SeiferFlatow for Guidance

Divorce is never an easy process, but it can be especially challenging when infidelity is involved. If you’re navigating a divorce where adultery is a factor, having the right legal guidance is essential. At SeiferFlatow, our family law attorneys are experienced in handling complex divorce cases. We can provide the support and counsel you need to navigate the legal process and work towards a fair resolution that protects your interests. Contact us today to discuss your case and explore your options during this challenging time.