I have a friend that had an affair in Georgia. And her husband found out and is forcing her to move to north Carolina , or he will seek custody of there daughter. Here is my question though…
If the affair happened in Georgia and once they move, after 6 months she becomes a resident of north Carolina. What happened in Georgia cant be brought up once they separate or once the divorce is final. if the affair isn’t on going once they move, He has basically condoned her actions and is forgiven right? She definitely doesn’t want to stay with him. But she’s being forced to go. From what I’ve read, as long as the affair doesn’t happen in north Carolina, what happened in Georgia is irrelevant. Once she has been in north Carolina for 6 months and she is a resident of north Carolina. The laws of north Carolina are in effect. She can then present him with a separation agreement and move back to Georgia and wait the year out and then get a divorce. Let me know if I’m wrong.
An affair during a marriage is relevant in a separation/divorce no matter where it happened. Where there is a separation/divorce taking place in NC, an act of illicit sexual behavior by either spouse affects whether or not alimony is paid or awarded.
She’s not worried about that part. She’s worried about him trying to take her daughter away. I’ve read that in rare cases custody is affected by an affair, but the child was never around the paramour, never even met him. Never exposed to anything. Or anyone and was never harmed by any of it.