Does infidelity help me in any way?

My husband and I have been separated 6 weeks now. I had a message from a girl telling me she had an affair with my husband 2.5 years ago. Does this affect my divorce at all? Can this benefit me? I was a stay at home mom when he walked out suddenly, does this affect alimony? We also have children that he isn’t supporting. He has told me it’s because his lawyer says to have no contact with me. Should we be having no contact with small children during a separation? I would think maintaining a healthy relationship and communication between us would be beneficial for the children?

The message from the other woman can help your case. If you are able to gather additional evidence of an affair (for example, phone/text records, Facebook messages, emails, hotel receipts, etc.) then you could be entitled to alimony if you are the dependent spouse, among other potential advantages.

Check out our detailed article on the issue of infidelity, Infidelity and Alienation of Affection.

If your husband left the marriage suddenly, it could be abandonment, which is a form of marital misconduct. This could affect alimony to your favor.

Take a look at our article, What is Abandonment?, for more information.

In most every case a parent should always financially support their minor children. Whether or not the parents should have no contact with each other has nothing to do with paying child support.

Typically most parents will need to have regular contact when they have minor children, especially when the minor children are young, unless there is a serious domestic violence issue.

We offer two free Webinars, Divorce Legal and 50 Divorce Tips in 50 Minutes, that you may find very helpful in this stage of your separation. These webinars will give you lots of information about the divorce process and they are presented multiple times a week.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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