Marital fault

Adultery is having sex with someone other than your spouse. If you are not legally divorced from him, he is still your husband. Regardless of whether or not you are separated.
You would have had to sign something for him to be able to legally purchase a home without your name also being on the deed.
If he is adding to the marital debt (credit card in both names) then he will be responsible for that portion of the debt.
Your attorney is correct in that NC is a no fault state meaning that you can’t take him to the cleaners if he has an affair. He is still entitled to 1/2 the marital assets just as you are. The only thing that an affair would affect is alimony/pss and possibly child custody if the emotional or physical well being of the child/children is affected enough and can be shown in court. If he waited until after you and he separated, it is not illegal to date after separation only to have sex with someone other than your spouse. If you have no proof the affair was going on prior to your separation date, there’s not a lot you can do. If her husband is suing for AofA then he must have had proof to go to an attorney with…you could still sue her. After all, if she’s married she is also entitled to 1/2 of her marital assets. But before you decide to do that you would need to be able to show that she did alienate your husband from you. And I suggest weighing the options of spending the money for an attorney to file suit or threaten a suit for this, or of letting it go and get on with your own life. It would probably bother your ex more if this DIDN’T bother you. Tell him to dig himself in as deep as he wants. It’s not your problem anymore and have faith that it will come back to both of them. Just a suggestion though.

Adultery is committed when a person has a sexual relationship with someone other than their spouse. You can commit adultery even if you are separated.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

My attorney says my husband did not commit marital fault. (He said this in reference that if he were my husbnad’s attorney he would not bring up marital fault) Husband left home and then started living with girlfriend. I know he saw girlfriend several times before separation , but of course I just thought he was seeing a friend from work. He had even brought her to our home and introduced her to our children as a “friend from work” We were a loving couple (as much as you can be with 4 kids after 20 years) But he was not talking about unhappiness or anything. Therefore when he said this lady was coming over to seee the aquariums in our home I did not think twice about it. I had no reason to suspect he would cheat.On a Monday he told me he wantd to be involved with her. I did not kick him out, though. (But he said in court I did when we were there for PSS hearing) On that Sat he had a hotel room (we have credit card documentation) and on that next Monday he started to not sleep at the house, but come by in the evening and in the morning. I knew he was sleeping at a hotel or his office but the kids did not know. Then that Frdiay he left for good, taking all his clothes and a few personal things. He bought a home in the next week and she moved in with him. Two weeks later he bought her jewelry (again credit card documentation) and called it an engagement ring( again said this at the PSS hearing). Although, I have no proof of extamarital affair while still living in the home, he moved so quick with this woman- new home, home furnishings, engagement ring, that he must have been seeing her or thinking about her while still married and in the home.

Question - Is it not considered adultery if he didn’t really start to see her intimately until after he separated from the home. He is being sued by girlfriend’s husband for AOA. My husband thinks the cse will be dismissed, but my lawyer says not. I am not suing her as she has no asessts.