The Impact of Infidelity on Divorce in North Carolina

For many couples in Beaufort and throughout North Carolina, infidelity can be a deeply painful experience. It often leads to mistrust, heartbreak, and, in some cases, the end of a marriage. If you’re considering a divorce due to infidelity, it’s essential to understand the legal implications and how the state of North Carolina views cheating in the context of divorce proceedings.

Is North Carolina A No-Fault Divorce State?

Firstly, it’s important to note that North Carolina is a “no-fault” divorce state. This means that to obtain a divorce, spouses do not need to prove wrongdoing or assign blame. Instead, they only need to establish that they’ve been separated for at least one year and that at least one spouse has been a North Carolina resident for at least six months.

While you don’t need to provide a reason for the divorce, the presence of infidelity can affect various aspects of the divorce proceedings.

How Does Infidelity Affect Alimony and Post-Separation Support?

One of the most direct areas where infidelity can play a role in a North Carolina divorce is in the determination of alimony and post-separation support.

• Marital Misconduct: Infidelity is considered “marital misconduct” under North Carolina law. If the dependent spouse (the one seeking alimony) has committed infidelity, it can act as a bar against them receiving alimony. Conversely, if the supporting spouse (the one paying alimony) has committed infidelity, it might result in them being required to pay alimony, especially if the dependent spouse hasn’t been unfaithful.
• Amount and Duration: While marital misconduct can influence whether alimony is awarded, it can also affect the amount and duration. The court can consider various factors, including infidelity, when determining the amount and length of alimony payments.

How Does Infidelity Affect Child Custody and Visitation?

Infidelity, in and of itself, may not directly impact child custody decisions unless it’s demonstrated that the affair had a negative impact on the child. The primary consideration in North Carolina regarding custody is the best interests of the child.

However, if a parent’s actions during or after the affair jeopardized the child’s well-being (for example, introducing the child to multiple partners, exposing them to inappropriate situations, or neglecting their needs), the court might weigh this misconduct when deciding on custody and visitation rights.

How Does Infidelity Affect The Division of Marital Property?

North Carolina is an “equitable distribution” state, which means that marital property should be divided fairly (though not necessarily equally) upon divorce. While marital misconduct, including infidelity, is not directly considered when dividing assets, related financial expenditures can be.

For example, if one spouse spent a significant portion of marital funds on an affair (gifts, vacations, hotels, etc.), the court could consider this “wasteful dissipation” of marital assets. This can influence the court’s division of property, potentially awarding the innocent spouse a larger share.

Emotional Considerations

Beyond the legal implications, it’s vital to consider the emotional toll of introducing infidelity into divorce proceedings:

• Contentious Proceedings: Accusations and evidence of cheating can make the divorce process more contentious. The heightened emotions may lead to longer, more drawn-out, and expensive legal battles.
• Impact on Children: If children are involved, they may already be struggling with the divorce. Adding the strain of infidelity can further complicate their emotional well-being. It’s essential to approach the situation with sensitivity and prioritize their needs.

Seeking Legal Counsel After Infidelity

If you’re contemplating divorce in eastern North Carolina and infidelity is a factor, it’s crucial to seek legal counsel. The team at Schulz Stephenson Law can guide you on the best strategies to protect your interests, help you understand the potential legal implications of infidelity, and provide you with the support needed to navigate the complexities of the divorce process.

While North Carolina is a no-fault state, infidelity can still influence various aspects of divorce proceedings. Being informed and prepared can ensure a smoother process and better outcomes for all parties involved.