If the wife has moved out of the marital home and established her own residence, Can she then begin seeing whoever she wants and spend the night together with them?
Is this considered adultrey and can I use it against her?
We have not agreed to any separation agreement?
Aren’t we still legelly married?
Am I now able to start seeing whoever I want and spend the night together and it not be adultrey?
I am trying to build my case against her for leaving the marriage and committing adultry. I want to be able to file a civil suit for AA against him. If there is a jury trial in this case, is all I have to do is convience the jury of responaable doubt or do I need lots of photos of them together?
Please help on each question.
Thank you
Adultery is the act of engaging in sexual intercourse with one other than your spouse. There are two elements needed to prove adultery’ 1.) inclination, and 2.) opportunity.
If your wife is spending time with another man in a dating relationship this can be used to show she has the inclination to engage in sexual activity with this person, and if she is spending the night, documentation of the same can go towards proving she has had the opportunity to engage in sexual activity with this person.
You are still legally married until a decree of divorce is entered by the court.
The standard of proof in an alimentation case is a preponderance of evidence, in other words, the jury would have to find that it is more likely than not that this man destroyed your wife’s affections for you and ruined your marriage.
Well gee, i’ve had plenty of “opportunity” to have sex with friends of the opposite sex, though neither they nor i have had the “inclination” which seems more like a psychological than a legal concept. How does one “prove” an “inclination”? It sounds though like staying overnight is a biggie in implicatio, though sex in the afternoon is just as possible, so i’ll be sure not to stay overnight!
But my question is this. According to your answers and the NC Law as quoted on your website, “intercourse” by definition means penetration, which would mean that kissing and fondling and nakedness and even manual stimulation and possibly even oral sex do not constitute adultery. Is that correct?
[I haven’t done those things either, and i realize i’m asking a possibly graphic question, but this thread is titled “define adultery” and i do wonder what is [u]legally [/u]fair game in NC.]
Erin, thanks for your timely and informative replies to this forum!
Inclination is often proved with evidence of times spent together in a romantic setting, letter, cards, emails, ect.
Illicit sexual behavior is what the law focuses on with respect to marital misconduct. Illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts voluntarily engaged in with someone other than the other spouse.
This is includes cunnilingus, fellaltio, analingus, or anal intercourse. Penetration, however slight, by any object into the genital or anal opening of any person’s body (other than for medical purposes