What does it take to prove infedility in N.C.???
In the case of adultery can I keep the house AND go after part of her 401K?
To prove adultery you must prove that your spouse has had sexual relations with another person. This is done by proving he/she had the inclination to pursue sexual acts with a particular person and as well had the opportunity, ie: staying overnight with that person.
In North Carolina adultery if proven can bolster or bar an alimony claim for the dependant spouse, but does not affect property distribution.
Can I get the pictures myself to prove adultery?
Pictures you take yourself can be used as evidence to prove adultery.
Erin, does the alleged adultery have to be with a specifically identified person, or can it simply be “someone”?
The court may not require a specific identity, however I would think it would be easier to conclude some act occurred if you are able to identify an individual.
In regards to upping an alimony claim for a dependent spouse, does it make a difference if it was just several random acts or does the fact that when he separated he immediately lived at his paramou’rs house (he can’t deny it) and commited full fledged adultery for one year until the divorce?
All the statues say is that a supporting spouse who commits adultery SHALL pay alimony.
The supporting spouse, if that spouse committed adultery, must pay the dependent spouse alimony. The dependent spouse, if he/she committed adultery, will be barred from receiving alimony. However, be aware that the supporting spouse may be “ordered” to pay a minimal amount of alimony as there are no set guidelines and for a minimum amount of time. No one cares that much about the adultery of a supporting spouse anyway. Something will be ordered, but usually it’s not all that much and don’t expect a punitive amount. However, the dependent spouse, if committing adultery, will lose alimony. Even though the “law” is on the books, no one takes adultery all that seriously anymore. It’s pretty much a joke except to the one cheated on. It’s usually about dependence anyway. If both spouses are making the same salaries and one cheats on the other, no big deal. Nothing awarded anyway. It’s all about one spouse making a whole lot more money than the other one. That’s all. So, if you make a whole lot more money than your wife or husband, it’s best to keep your pants on. You’ll pay something and that’s about the size of it.