A couple of questions


#1

Dear no1youknow:

Greetings. What a tangled web we weave, no? Okay, there are only two grounds for divorce in North Carolina: A. Irreconcilable differences and B. Incurable Insanity. Adultery is not grounds for divorce, so you will have to use irreconcilable differences. Legally, cheating only matters when alimony (and maybe equitable distribution) are involved.

The child will be presumed yours if she gets pregnant during the marriage. I would go ahead and file for the divorce if I were you. Best of luck…and sorry it turned out so poorly.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hi. My wife and I married in August of 2002. She is in the Air Force and we spent 3 days together before she had to go back to tech school in California. Our plans were to join up with each other when she finished tech school in 3 months. The marriage didn’t last that long. In November of 2002 she admitted she’d cheated on me 6 weeks after we were married. We have not seen each other since. We have made it through the separation period (12 months in NC) and now we just have to file for the divorce. Here’s my question: She’s now on her 3rd “boyfriend” since we got married. IF she were to get pregnant before the divorce is final, what are my responsibilities (according to NC law)for that child? Also should the adultery be an issue in the divorce or should I just file a simple divorce?