04/17/23 Aaron Dishon 1

North Carolina Divorce Laws Regarding Adultery

North Carolina divorce lawyers are some of the best lawyers who effectively deal with cases of adultery in a divorce. If you also have the same issue in your divorce case, then you must hire an experienced divorce attorney.

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North Carolina Divorce Laws Regarding Adultery

In North Carolina divorce can be filed on various grounds, adultery being one such ground. North Carolina is one such few states where the lover of the cheating spouse can be charged for breaking the marriage and he/she may have to pay a lump sum amount as penalty. Adultery in North Carolina is also known as “alienation of affection” and the accused can be charged with “criminal conversation”. Although prosecution is rare, adultery is a crime in North Carolina. We will discuss more on this subject in this section.

Laws regarding Criminal conversation in North Carolina

To prove criminal conversation against the third party, the innocent party has to have solid evidence and must prove the same in the court. The innocent party can hire a private detective and collect evidence through video tapes or photos. In case if someone does not have any knowledge regarding private detectives, they can hire divorce lawyers as these lawyers usually have contact with such detectives. There are three things that are required to be proved in the court related to criminal conversation.

The adulterous spouse is legally married to the innocent spouse

The innocent party has to file the case within three years of the occurrence of the act

The accused spouse and his/her lover had been engaged in sexual intercourse

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North Carolina Divorce Laws Regarding Adultery

In North Carolina to prove adultery one also has to prove the “alienation of affection”. He/she has to prove the following things in the court with the help of a family lawyer.

The husband and wife were married by genuine affection of love i.e. they had a love marriage

The love and affection between the husband and wife has been destroyed by the third party

The marital relation that existed between the husband and wife was destroyed by the malicious behavior of the third party

The adultraeous act has caused some kind of damage to the innocent spouse

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Effect of adultery on divorce in North CarolinaThere are various ways by which adultery can affect a divorce in North Carolina.

Adultery is one of the prime reasons due to which a marital relation can come to an end. The entire act of the accused spouse will be taken into consideration in the divorce. Facts like the financial burden taken by the accused party towards his/her lover will be considered. For instance money spent of gifting lavish, expensive gifts, booking expensive hotel rooms, etc. Any marital property or assets spent by the accused will also be taken into account. In you feel that your case has similar such issues, you can hire a good North Carolina divorce lawyer who is experienced in handling such case. Before hiring him discuss the different issues regarding your case. If the behavior of the spouse has affected the children then this will also be considered in the child custody. Adultery is a painful thing and to get justice one must hire a good divorce attorney.

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