What evidence is necessary to prove adultry in NC? Once proven, what impacts can this having on child custody and the amount/length of alimony I may need to pay her if in fact she is cheating?
To prove adultery you must prove your spouse had the inclination (romantic interest) in the alleged paramour, and the opportunity to engage in sexual activity( an overnight stay together).
A dependent spouse who commits adultery is bared from receiving alimony.
Adultery can be considered by the court when ruling on custody, but is not a determinative factor.
If I am currently not living in the house (as agreed in counseling) and we do not have a legal separation agreement would it still be considered adultery if she is proven to be with another person?
Adultery is defined as the act of engaging in sexual relations with one other than your spouse. The act of adultery before or after separation is a crime in North Carolina however, it is only considered for purposes of defending/ supporting a support claim or in an alienation of affection or criminal conversation case if it occurred prior to the date of separation.
Just to clarify, is that prior to a documented seperation or one party moving from the hosue with the intent to return?
Prior to physical separation, or the point where one party left the home with the intention to reside elsewhere, an with the intent that the separation become permanent.