If my wife and I are separated, and she is now pregnant with another guys baby can I file for divorce based on adultery? Also in this situation, she claims she is a high risk pregnancy and cant lift more than 15 pounds, and of course taking care of a 2 year old you are regularly doing that, would this also give me grounds to go for full custody of my son seeing as she can not take care of him the way he needs if she can not even lift him, and she is supposed to be taking care of her other son who is 4. So quick wrap up, can I file for divorce based on adultery, and will that help me gain full custody of my son?
NC is a no fault state. You can get a divorce after one year and a day separation period. Your divorce does not have to based on anything except the required separation period.
Possibly the situation that now exists (your pregnant wife) could have some bearing on custody of your son.
North Carolina is a no fault divorce state meaning that an action for divorce is based on one year’s separation.
Custody is based on the best interests of the child, which considers a myriad of factors. If your wife is physically unable to care for your child a judge will consider that as a factor in establishing a custodial schedule, but he or she will also consider who the primary care giver has been, your wife’s access to help, your child’s relationship with both of you, which parent your son normally spends the majority of time with, both of your life styles, ect. While adultery can be considered as evidence of poor morale character, it is not at all determinative of who will be awarded primary custody.