Marital misconduct


#1

My spouse has effectively made me go without “consortium” for quite some time. She has no libido whatsoever. I am exactly the opposite. I have not committed adultery at this point in time but this situation is becoming intolerable. Would I be able to file for “fault” on the basis of marital misconduct? If I weaken and commit adultery would this be considered a mitigating circumstance?


#2

There is no “fault” for NC divorce and you do not need fault to file for separation/divorce. I am not an attorney but do not think her behavior would mitigate an affair on your part, as NOT having sex with your spouse is not illegal but affairs in NC are.


#3

It falls under the catorgory of abuse…withholding sex,…neglect, …is abusive behavior. I am not an attorney,I’m speaking from the books I have read on abuse.


#4

There is no “fault” in divorce. Marital misconduct comes into consideration when determining alimony. If you commit adultery, and you are the supporting spouse, there is a guarantee that alimony will be awarded. There are no legal justifications for having an affair.