Adultery or Irreconcilable Differences?


#1

My soon to be ex wife has given me a separation agreement to sign. In the agreement, she cited “Irreconcilable Differences” as the reason for the end of the marriage when it was, in fact, her multiple affairs. She is adamant that the agreement say irreconcilable differences instead of adultery. Personally, I don’t care as to the reason long as me and my children are protected.

What are the differences and what are the ramifications of citing one over the other?


#2

North Carolina is not a fault-based state when it comes to divorce. That being said, the only requirement you need to fulfill before getting divorced is that you have lived separate and apart for a year. We don’t use that term “irreconcilable differences” because you don’t have to cite a reason as to why you are divorcing in our state, you simply submit to the court that you have been separated for a year.

Affairs matter in our state when it comes to alimony. If the dependent spouse committed marital misconduct during the marriage, and the supporting spouse did not, the marital misconduct will prevent the dependent spouse from receiving any alimony.

That being said, it doesn’t make any difference from a legal standpoint if she includes language in your separation agreement that states you are divorcing because of reconcilable differences.


#3

Thanks for the response. You guys are the best.