What are divorce laws in North Carolina regarding adultery?

Any couple seeking a divorce in North Carolina must be a resident of the State for at least six months before filing their petition. The Complaint for Divorce must cite the grounds as to why the couple is splitting. A party who is the victim of a cheating spouse may choose to file for divorce on the grounds of adultery.

Divorce North Carolina Style

The State of North Carolina may grant a divorce based upon one of the following reasons:

• Living Separate—If the husband and wife have lived apart for at least a year, they may be given a “no-fault” divorce.
• Abandonment—When one spouse has willfully left the family without intending to return.
• Thrown Out of the House—If either party throws the other out of the home in a malicious manner.
• Cruel Treatment—Any abusive behavior that becomes life-threatening.
• Alcohol & Drug Abuse—Excessively using drugs or alcohol leading to addiction.
• Insanity—The condition is deemed incurable and has lasted for three or more years.
• Adultery—When one spouse has been unfaithful by cheating with a third party.

When the petitioner uses adultery as the grounds for divorce, the court will require them to offer proof. In some cases, circumstantial evidence may be enough. This means that indirect proof may be given, such as showing that the husband or wife was in the company of another person where sexual intercourse could have happened; i.e. they were alone overnight in a hotel room or another person’s house.

Legal Help From a North Carolina Attorney

Adultery is not only between consenting heterosexual couples. It also includes any type of sexual relationship with any gender. In North Carolina, adultery is not only a reason to get divorced; it’s also considered a crime. While the District Attorney rarely prosecutes these types of offenses, the cheating spouse may find their custody petition to be in jeopardy. When you are going through a separation, it’s best to consult with a family law attorney for legal advice regarding your specific case.