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Identifying and Proving That a Spouse is Cheating

In Separation & Divorce by Christopher R. Hicks

  When you feel in your gut that your spouse has cheated on you, you may have a natural inclination to seek out justice, such as putting them on blast in court. Before you speak with a family law attorney, it is worth your while to know that there are limited circumstances in which infidelity actually arises as a legal issue when a marriage ends. North Carolina is an absolute divorce state, which is a no-fault type of divorce that requires a court to enter a divorce order if they have been separated for at least 12 consecutive months. A no-fault divorce means that the reasons behind the divorce (like infidelity) are completely irrelevant to the court. Instead, “illicit sexual behavior” is a consideration when it comes to alimony. In …

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North Carolina Defenses Against Alimony

In Separation & Divorce, Wealth by Sarah Hink

The events that lead to a divorce can sometimes be really unpleasant. The distrust, the accusations, and the misconduct that can end a relationship can unfortunately escalate as couples proceed toward their divorce and try to resolve their legal issues. Some couples are surprised to discover that North Carolina is a no-fault state when it comes to obtaining a divorce. This means that to obtain a divorce from a judge, a spouse only needs to prove that the couple has been separated for at least a year. Alimony is different. In fact, under the alimony laws of North Carolina, if a court “finds that the supporting spouse participated in an act of illicit sexual behavior” “during the marriage and prior to or on the date of separation, then the court …

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How Does Infidelity and Misconduct Factor Into a Divorce?

In Separation & Divorce by Elizabeth Stephenson

Infidelity and misconduct in a marriage are factors given much weight in some areas of North Carolina’s domestic laws. In fact, when it happens, the first instinct in the mind of many injured spouses is to seek a divorce. Unfortunately, North Carolina is an absolute divorce state and there is no “fault-based” ground for divorce. This means that if a spouse commits infidelity or some other act of marital misconduct, the other spouse cannot use this as a basis to file for divorce and sever the ties of marriage. Nevertheless, there are several ways in which infidelity and misconduct still play a role in several aspects of a separation and divorce. Divorce from Bed and Board A divorce from bed and board is not an actual divorce, but is effectively …