Divorce from Bed and Board


#1

Dear harleydad:

Greetings. Read closer - as it is only adultery that does away with the dependent spouses’ right to receive alimony.

I don’t understand your last question, as the only grounds for divorce in NC are irreconcilible differences after one year and a day of separation. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#2

Greetings Janet. I guess what I’m asking is, one of the counts on the D from B and B is her “unaccounted for time and overnight stays”. While this may fall under the category of “opportunity” for adultery (and they are recent), the only proof of “inclination” is emails from a former lover (7 years old) and those instances have been “condoned”.

I’m still looking at paying alimony aren’t I.


#3

Dear harleydad:

Greetings. Yes, unless she has cheated on you (and you can prove it), then she may still have a claim of alimony against you.

It is only adultery that denies alimony, generally not other faults. Other faults can increase/decrease the length and term of alimony, and my deny alimony, but the statute only says that alimony can be denied based on adultery.

I do not know what this last question is about. Please ask it in a different way. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#4

Dear Janet…let me try this again…sorry for being hard to understand.

She committed adultery 7 years ago and I can prove both opportunity and inclination. However, we had sexual relations after that. It’s my understanding that is “condonation”.

Can that instance still be considered for reduced or denied alimony.

Thank you.


#5

Dear harleydad:

It is not whether or not you had sex with her after the event, it is whether or not you continued to live with her and resumed the marital relationship after she cheated. Seven years ago, please. You have clearly condonned her behavior. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#6

I have a Divorce from Bed and Board scheduled to be heard on Tuesday. I was reading in your articles under Alimony and I noticed many of the charges listed in my D from B and B is also listed in your article as faults denying alimony.

Would it take just one fault, or a combination of faults, to deny alimony to spouse?

If the D from B and B is granted…will that carry over to the divorce trial?