Marital misconduct. Charlotte, NC Divorce Lawyer
North Carolina is a "no-fault" divorce state, which means that marital misconduct between divorcing spouses will not be considered as an actual grounds for the divorce. However, marital misconduct by spouses may come into play in several actions related to the divorce. North Carolina General Statute § 50-16.1A defines marital misconduct as any of the following acts that occur during the marriage and prior to or on the date of separation:
a. Illicit sexual behavior, defined as acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse;
b. Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought;
c. Abandonment of the other spouse;
d. Malicious turning out-of-doors of the other spouse;
e. Cruel or barbarous treatment endangering the life of the other spouse;
f. Indignities rendering the condition of the other spouse intolerable and life burdensome;
g. Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets;
h. Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome;
i. Willful failure to provide necessary subsistence according to one's means and condition so as to render the condition of the other spouse intolerable and life burdensome.
To speak with a Charlotte divorce attorney regarding marital misconduct and how it may impact your divorce related matter(s), call (704) 412-1442 today.
Marital Misconduct and Divorce
The impact of marital misconduct on a divorce related matter depends on the type of claims being pursued and the details of the marital misconduct that has occurred within the marriage. Marital misconduct has no impact on Equitable Distribution (property division) between divorcing parties, but may have a profound impact on Alimony. For instance, if a supporting spouse can prove adultery on behalf of the dependent spouse in an Alimony claim (and the supporting spouse has clean hands, i.e., has not committed adultery), NC law bars a court from awarding Alimony to the dependent spouse. On the other hand, if the supporting spouse is found to have committed adultery and the dependent spouse has clean hands, then the court must order alimony.
Marital misconduct is typically the basis for Divorce from Bed and Board actions, and may also impact post-separation support hearings. Future child custody determinations may also be impacted if a court finds that the misconduct affects the child(ren) at issue.
If your spouse is alleging marital misconduct against you, there are several defenses you may assert, including collusion, connivance, condonation, and recrimination. These defenses can help protect your interests and may alleviate the negative impact claims of marital misconduct may have against you in a lawsuit. Give Prism a call and our Charlotte divorce lawyer will discuss what these defenses mean and how they may affect your claim of marital misconduct, or assist in defending you against a claim of marital misconduct. (704) 412-1442.
Claims against 3rd parties
Certain acts of marital misconduct, including having an affair, may also result in claims being brought against third parties. North Carolina is one of the last states in the country to allow so called "heart balm" claims to be brought against a third party that has destroyed a marriage and/or had sex with a married person. For more, visit Prism's page on alienation of affection and criminal conversation claims.
To speak with a Charlotte Family and Divorce lawyer regarding marital misconduct and the impact it may have on your case, call (704) 412-1442.
Prism can help.
Our attorney is prepared to help with all aspects of Marital Misconduct, including:
- Advising you on the possible impact of marital misconduct on your family law matter.
- Filing claims of marital misconduct against your spouse on your behalf.
- Defending you when claims involving marital misconduct have been brought against you.
CONTACT.
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Contact Info
PRISM FAMILY LAW FIRM
10130 Mallard Creek Rd., Suite 319
Charlotte, NC 28262(866) 779-2724 (fax)
To speak with one of a Charlotte attorney about legal issues concerning same sex marriage and divorce, separation, property settlement, or any other issue or question related to same sex couples in North Carolina, call (704) 412-1442 today.
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