How does adultery affect divorce in North Carolina?

If you think adultery doesn’t have a major impact on divorce in North Carolina, you are wrong.

Child Custody

When divorce involves children it is also likely to involve custody. There is no law that outright mandates that adultery be taken into consideration when determining custody. However, judges are human beings and they have the authority to use their discretion in deciding what is best for a child. Committing adultery—which is a crime by the way—is not likley to tip the scales in your favor.

Spousal Support

Adultery can have a direct impact on the decision made regarding the award of spousal support. Actually, in North Carolina, sexual relations with a third party can be the determining factor.

If one spouse depends on the other, and the breadwinner commits adultery, then the dependant is entitled to spousal support. If it is the dependant who commits adultery, the entitlement to spousal support is forfeited. In many cases, however, both parties in a marriage have sexual relations with other people. When this is the case, the judge can use her discretion in deciding whether or not any award should be granted.

Property Division

Dividing marital property isn’t as simple as many may believe. The two parties play major roles in the final agreement. Adultery is problematic in this regard because it can lead to a refusal to cooperate.  If the adulterous party is the spouse of lesser means, the other spouse is likely to be less generous.

If you are in the midst of a North Carolina divorce and you are accused of adultery or accusing your spouse of adultery, you should contact an experienced divorce lawyer.