Once the spouses are legally considered separated, North Carolina law would not consider extra-marital relationships as a factor to show the need for alimony payments.
The court may look at post-date of separation relationships as evidence that either spouse committed adultery prior to the marriage.
Please register to participate in our discussions with 2 million other members - it's free and quick!
Some forums can only be seen by registered members.
Proof of adultery by one spouse in a marriage can affect the alimony the adulterous spouse has to pay to the innocent spouse after a divorce is finalized.
Alimony payments are payments made by one spouse to the other dependent spouse after the two are legally divorced.
Adultery can be used as a basis for divorce in North Carolina.
In addition, North Carolina is one of the few states where an innocent spouse can sue a third-party that broke up the marriage.
A divorce can be granted in NC on the basis of one year's separation alone. People drag each other into court here mostly in regard to custody issues, and it is in an attempt to prove someone is an "unfit parent" that adultery charges usually get leveled.One may ask, what are the possible legal implications for a spouse who chooses to date after a legal separation? Therefore, as of 2006 “adultery” is no longer illegal in the State of North Carolina.North Carolina used to consider adultery as a class 2 misdemeanor, and opened people up to criminal prosecution. However, adultery in a marriage can lead to some less than favorable results for an adulterous spouse.After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.The separation period is supposed to allow the parties to "work it out", not have permission to see others.Although the name suggests that a crime has been committed, a “criminal conversation” action is not a criminal case.Instead, it’s actually a civil case, brought by a plaintiff (the party that was allegedly wronged) in a civil court.But, you can file for temporary orders when you file for divorce as a way to protect yourself until your divorce is finalized.The FAQs below can help answer your questions about legally separating.If you need separation advice, the following information can help.Many people wonder why they should go through the hassle of getting a legal separation instead of just agreeing to live apart.