Adultery is a factor in a custody decision and is considered along with all of the other evidence presented. Unfortunately, adultery is pretty common in divorce and is not, on it own, a factor that trumps all the other evidence.
The adultery will, however, serve as a bar to any alimony claim your wife may make assuming that you have not also committed adultery.
Custody litigation costs and time frames vary depending on what county the matter is heard in. Typically custody litigation costs between $5,000 and $50,000 and takes between 3 months and a year.
Good luck.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668
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.
Sorry to hear about your turn of events. Unfortunatly for you, NC is a “no-fault” state. The pics won’t help you much at all. Unless your children were present of course. What you’ll need to do is get a separation agreement and live separated for 1 year and 1 day. After which, you’ll be eligable for a divorce. As for the custody, if it’s uncontested, whereas she agrees for you to maintain the children living with you or vice versa, it usually runs about $500 or so. However, if it’s contested (you and wife don’t agree) it could range you anywhere from $2500 to $6000. And it could get dragged out over months. Best thing to do is agree to as much as possible and get it in writing and notarized. Be sure that you don’t want to get the kids because you’re angry at her, but because you can provide a better environment for them. Good luck. It does suck.
NC is not a no-fault state except with respect to the absolute divorce. Otherwise fault is a huge issue in alimony and child custody cases.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668
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.
So if my wife broke up the marriage for another man, that would carry a lot of weight in my favor in regards to the custody of the children??? I am currently pursuing the custody of my two children.
I have obtained graphic pictures of my wife cheating on me. Clearly we now getting divorced !!! She has been a stay at home mom, while I am working full time. I am currently in Louisiana working with Hurricane Katrina relief. My father and uncle are those ones who got these pictures for me, they took them. What impact will these pictures have on my claim to custody and dollars I will have to pay for child support and alimony ? I think she has done this before, but have no proof of it, does this impact my custody claim at all. I would like full custody in this situation, and would also like to know how much a custody battle could be and how long it would take and such.