Marital misconduct #6


#1

I was reading over the different types of marital misconduct. Can I get a better explanation of what #6 means? “6. Such indignities as to render the condition of the other spouse intolerable and life burdensome”. What are some examples of what this would be, and how would one go about proving it? I’m wondering if emotional abuse counts, and if a journal documenting the abusive cases thorughout the years would qualify as proof?


#2

The attorney may be able to answer this in more legal terms but my huband’s ex was going out to bars with her single friends, taking her top off in these places, talking badly about him and constantly fussing at him for everything. Since he is a small business owner in a small town, people heard things about this. He was humiliated for the most part and it made every day more difficult. His attorney used all of this when filing for divorce from bed & board though they were already separated at the time.
I think that emotional abuse could be a factor but I’m not sure it would qualify as an indignity…unless it was in front of others. Yes, journals would be a way to show what instances occured. Keep in mind though that marital misconduct only really has an affect on alimony. Since NC is a no fault state, there really is no reason to have to prove this to obtain a divorce or equitable distribution.


#3

Emotional abuse typically is not severe enough in the courts eyes to qualify as making one’s like intolerable and burdensome. Some examples that I have seen in some cases are: refusing to provide support (maintaining the home, providing necessities), or carrying on adulterous affairs in the home.


#4

In terms of refusing to provide support, would that include refusing to get a job for 5 years?


#5

Not unless there was no other income, he was capable of working, and the refusal to work created a intolerable environment.


#6

In this situation he was certainly capable of working and brought in no other income. I was working at the time so we did have some income but we had to refinance our home and use the home equity to live on. “Intolerable” seems like a gray area. How does one prove the conditions were intolerable?


#7

I was working to bring in income, but to supplement my income we had to refinance our house and use our equity to live off of. He was certainly capable of working but claims he was too depressed (didn’t go to the Dr, etc). Life was certainly intolerable for me, but that terms seems like a gray area. How would one prove that life was intolerable from a legal perspective? What does the court deem as intolerable?


#8

It depends on the judge’s view of each individual case. In my opinion the actions you describe will not pass the muster.