What Evidence Do I Need to Prove Adultery in NC?
- Divorce settlements and property division: Sometimes evidence of adultery can also be used to force the hand of the guilty party, so to speak, when it comes to divorce negotiations with your spouse. You should not expect that a judge will penalize a spouse who committed adultery during property division proceedings. However, if the cheating spouse’s extramarital affair impacted the financial health of your ily, then those facts can be taken into account as the judge makes a decision about property division. Remember, although North Carolina is an “equitable distribution” state, equitable does not necessarily mean “equal.”
- Alimony: Although adultery is not a ground for divorce, the court will consider this type of marital misconduct when awarding alimony. If the court finds that the paying spouse committed adultery, the court must award the supported spouse alimony. However, if the court finds that the supported spouse or both spouses committed adultery, the court will use its discretion to award or deny alimony.