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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 …