More details to this question:
I discovered that my spouse was having a long term affair 8 weeks ago. I have initiated proceedings [separation agreement], however we have not moved from the marital residence, I am still preparing meals, we are sleeping in the same bed and I have been intimate with him [intimacy has been consistent for the last 3 weeks] I don't see any evidence that the affair has continued and I do advise my spouse that I have not forgiven them. Can I still proceed with the divorce on grounds of adultery?
1 ANSWER
Adultery is not a grounds for divorce in North Carolinas since Notrh Carolina is a "No Fault Divorce" state. In order to get divorced in North Carolina, you must be physically separated from your spouse, meaning that one of you must move out of the marital home with the intent to remain permanently separate and apart, for one full year. The divorce complaint may be filed at the earliest no sooner than the first day after the full year runs. However issues related to child custody, child support, spousal support, and property distribution can be resolved without waiting for the expiration of one year requirement for absolute divorce.
Adultery may impact post separation support, and possibly property division, so you should talk to an experienced family law attorney in your area to discuss the matter more thoroughly. You can click on the "Find a Lawyer " link above to locate one in your area.
Answered on Jun 09th, 2016 at 8:01 AM
Kathy Richardson Richardson Law Firm, PLLC 2310 S. Miami Blvd, Ste 134 Durham, NC 27703 919-680-2300