If my spouse and I had both committed adultery in our marriage, and we now have both signed a separation agreement, can either of us still sue the other for divorce on the grounds of adultery?
North Carolina is a no fault divorce state, there is no action for divorce based on adultery.
Adultery is relevant in the context of alimony, and if you have a separation agreement that sets or waives no alimony, neither of you has any recourse against the other for adultery at this point.
Thank you so much. I believed that it “cleared the slate” for each of us, leaving each of with no recourse on the adultery issue. So now we are only left with adultery during the one year separation. Barring photos of “sexual relations”, how would adultery during that year separation be proven?
If I have a clause that reads "“There will be no “overnight” – significant other/non-family members of the opposite sex in either home when child is present. This limitation expires one year from date of final divorce decree with regards to a long term significant other or fiancé. It will not expire for causal encounters.” and one that reads “1. Living Separate: The parties may and shall hereafter live separate and apart as specified in paragraph 3 in the premises above, each free from all domain, restraint and control by the other, whether direct or indirect, as fully as if unmarried. Each party may hereafter reside at such place or places, And with person or persons, as he or she may elect, and engage in such employment or profession as he or she shall deem advisable, free from all control, molestation, interference, or compulsion, direct or indirect, on the part of the other.” Does this now mean that a boyfriend/girlfriend can’t stay the night when the child is present, but if we decide to cohabitate that that is acceptable? Does the “Living Separate” clause supercede, or nullify, the “overnight” clause?
No, the overnight clause supercedes the living separate clause.
As for proving adultery, now that you are separated and there is an agreement in place, it would not benefit either one of you to try and make a case against the other.
My wife had an affair on me. I did not or ever had an affair on her. It has been very difficult to get over when I first found out. I have tried to move forward in our marriage, but at this point, she now says she can no longer be in this marriage and wants a divorce. She is a stay at home mother and we have 2 young children. I have no problem of paying support of the children, but what position does that put me in, in regards to alimony and setting her free. P.S. Both cars & house is in my name.
If you can prove the affair she will be barred from seeking alimony. Adultery does not affect property distribution, and is not a determinative factor in custody.