Is a DVPO the same as being legal separated? I found out my husband was committing adultery,explains why I started getting abused worse. He and his mistress moved in together within weeks of the order. Is this still adultery?
A DVPO is not the same as a legal separation although a DVPO can be the cause of a physical separation.
To prove adultery for alimony purposes, you must prove that your husband committed an act or acts of illicit sexual behavior during the marriage (between the date of marriage and the date of separation). Him moving in with the girlfriend by itself does not prove illicit sexual behavior but rather it is one piece of many pieces of evidence that could show illicit sexual behavior. Evidence you might have from during the marriage, coupled with the fact that he moved in with his girlfriend very soon after the DVPO was issued and thus a physical separation occurred, could be very compelling and strong evidence for you.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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