Greetings. Yes, you should still be able to use the affair as a basis for alimony, but no, not as a basis for divorce. Divorce in North Carolina is not fault based, but is based only on one year and one day of separation. So, one of you has to move out to restart the separation period now that he has returned. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
As someone who actually had an affair and who is working very hard to bring his wife back home. Can’t condonation be used as a valid defense against paying alimony if there has been a resumption of martial affairs?
No, condonation cannot be used as a defense against paying alimony - it is exactly the opposite. Condonation can be used as a defense by the person who has committed the affair and wants alimony. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
That a good question Warrior. I have the same question. I thought I could forgive my husband. I found out a week before he left for Iraq that he had an 8 month affair. He left for Iraq and I just put it behind me (I thought). Two weeks after his return I realized that I just couldn’t work it out. I have lots and lots of evidence of his affair. Can I still use it as a basis for my divorce?