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Explaining Marital Torts in NC

In Separation & Divorce by Sarah Hink

North Carolina is an absolute divorce state. This means that after a year of living separate and apart, a spouse is entitled to petition a court for a no-fault divorce. In other words, the court does not need to find “irreconcilable differences” or “adultery” or any other finding that you’ve heard of or read in tabloids whenever celebrities divorce in a different state. Instead, a North Carolina court just needs to find that it has jurisdiction and that a year has passed since the date of separation. This does not mean, however, that marital misconduct plays no role when couples separate and divorce. In fact, there are two areas that misconduct may play a role. The first is alimony, where marital misconduct is a factor that the court can consider …

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Marital Fault in North Carolina

In Separation & Divorce by Elizabeth Stephenson

Your spouse has cheated on you. Your trust has been shattered and your marriage is over. In essence, the actions taken by your spouse and a third party have destabilized your life and have thrown your children’s lives into chaos. Beyond divorcing your spouse, do you have any recourse? Yes, you do. North Carolina is one of a few states to recognize “tort” claims regarding “marital fault.” What is a tort? It is a civil cause of action in which a person can be held liable if they commit a wrongful act that harms another person. Who Can Be Sued? Surprisingly, it isn’t your spouse who can be held liable under a tort claim. Your grievance with your spouse will play out in your divorce proceedings. Instead, you may file …