Union County Adultery and Divorce Attorneys
In North Carolina, divorce is no-fault. In other words, there is no need for one spouse to blame the other in order to dissolve the marriage. However, accusations of adultery can have an impact on alimony. They can even lead to a civil lawsuit. If you believe that your spouse has committed adultery, or if you have been accused of adultery, it is critical to get sound legal advice before moving forward.
At Weaver, Bennett & Bland, P.A., in Matthews, our attorneys have more than 30 years of experience helping people in Union County and the Charlotte area. You can be confident in the sound, sensitive and personalized legal advice we provide.
How Adultery Impacts Alimony
If the supporting spouse has cheated on the dependant spouse, that spouse may have to pay alimony. If the dependent spouse commits adultery, he or she is barred from receiving alimony. It is important to note that alimony is different than post-separation support, the short-term support that generally lasts one year or until the alimony trial. The effect of adultery on post-separation support is at the discretion of the judge.
Adultery and Civil Lawsuits
While one spouse cannot sue the other for adultery, that spouse can sue the person the other spouse had an affair with. These lawsuits are referred to as criminal conversation and alienation of affection. We can pursue or defend these lawsuits.
Proving Adultery
No evidence of sexual activity is required to prove adultery. What is needed is proof of opportunity and proof of inclination. First, it needs to be proven that the two people had the opportunity to have and extra-marital encounter, such as time together alone at the office. Second, it needs to be proven that the two people desired to have a romantic situation, such as romantic Facebook posts to each other.
How Can We Help You?
If you are dealing with adultery charges in North Carolina and want to find out how we can help you, call 704-321-8031 or e-mail us to schedule an appointment with our experienced Union County family law lawyers.
