There are several reasons why you and your spouse might seek divorce. But given that North Carolina is a no-fault state, you don’t have to have any articulable justification for seeking marriage dissolution other than that there’s been an irretrievable breakdown in your relationship.
Yet, when infidelity is in play in your marriage, you might feel like it should play some role in the outcome of your divorce. And it certainly can become a pivotal factor in your marriage dissolution. But how, exactly, can infidelity affect the outcome of your North Carolina divorce? Let’s dive in and take a closer look.
How infidelity can affect your divorce
Although you don’t have to allege or prove adultery to seek divorce, cheating can be used to address some of the specific issues in your marriage dissolution. Perhaps chief amongst them is spousal support.
If you’ve been dependent on your spouse during your marriage and you find out that your spouse is having an affair, then the court is required to order your spouse to pay alimony.
Just remember that you must have clear evidence of the infidelity. If you’re successful here, then the court may order a larger amount of alimony than you would otherwise receive, and the duration of your alimony may be longer.
What if both spouses were engaged in infidelity?
If both spouses were engaged in extramarital affairs, then the court has discretion to deal with alimony as it sees fit. Therefore, you’ll still have the opportunity to argue for why spousal support is or is not appropriate, just like you would in any other divorce.
What if you cheated during your marriage?
If you engaged in infidelity during your marriage but your spouse did not, then you’ll be barred from seeking alimony, even if you were fully dependent upon your spouse’s financial support during your marriage. So, if you’re a dependent spouse and your husband or wife accuses you of cheating, you need to take the allegations seriously and find evidence that blocks their accusations.
What about child custody issues?
All child custody determination must be made in furtherance of the child’s best interests. While infidelity may not directly speak to the child’s best interests or directly cause any sort of negative impact to the child’s wellbeing, evidence of an extramarital affair may still be used and considered by the court in reaching its determination.
For example, evidence of an affair might be used to show general instability, poor decision making, the child’s exposure to a harmful relationship, and other parental shortcomings. Therefore, adultery matters need to be taken seriously in the context of a custody dispute, as they could have a profound impact on the outcome if inadequately addressed.
What about property division?
Adultery has no bearing on how your marital assets will be divided. The court is required to divide these assets fairly, so an extramarital affair is unlikely to have any impact on how the court makes this determination.
Is infidelity in play in your divorce?
If so, then you need to know how to competently navigate the legal challenges ahead. Adultery could be an issue when you and your spouse separate, perhaps even playing a role in who gets to stay in the marital home. And, as mentioned above, it can certainly have a bearing on your financial stability once your divorce is finalized.
So, if adultery is an issue in your divorce, make sure you gather evidence and craft persuasive legal arguments to give yourself a chance of obtaining the outcome that you want.