Adultry or Not?


Dear sally38:

Greetings. First, the most important thing in your post below was that the divorce did not contain a provision asking the court to preserve the issue of equitable distribution for later adjudication. Check into this immediately with your attorney. Make the call now and come back to the post! Set up camp! Also, if your attorney won’t return your call within 24 hours and he/she is not in court, call your attorney’s boss (if they are an associate) or call a new attorney.

Okay, now onto the custody issue, adultery is generally only an issue for alimony. I cannot imagine that it matters for custody, unless you don’t want her around the children. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.



I am new to the boards, however I have been reading the questions and answers for awhile now. Thanks for the time you give to help people.

Now to my situation.
I just went to mediation for custody and visition of our child. It went very good. We have been divorced for a couple months now. About 4 months ago, I `was using my messenger on the computor, when my now ex. (I thought) appeared. I said hello and began a conversation. Turn out I was talking with his live-in girlfriend. She didn’t know who I was. She told me that they had lived together for 9 months. She said she had 2 kids. Then all of a sudden she just quit talking. I assume that she got caught. I REALLY thought that it was him, just being funny. I didn’t mention this to my attorney. Well, when I went to mediation, someone (female) was in the vehicle with a child. We were separated for 19 months before our divorce came final.

Now my questions:
Do I need to mention this to my attorney NOW? Will this make any difference, such as adultry? Also, my attorney said that we filed for equitable dist. when the divorce was filed. Should I have heard from this by now? It was not listed in my final divorce degree. How long does it usually take for me to know something about this ED? I have to almost set up camp on my attorneys’ door step, to ask him these questions.

I do appreciate your time.