Adultery Evidence


#1

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?


#2

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.


#3

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?


#4

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.


#5

Just to clarify, is that prior to a documented seperation or one party moving from the hosue with the intent to return?


#6

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.