Previous Child Abuse

I just found out that my husband abused our 18 year-old daughter when she was a child. She does not want to press charges and have to relive it. If he is not tried and found legally guilty, does this figure in to a divorce settlement? He is dependent and was a stay-at-home dad.

This likely won’t be relevant to the issue of marital misconduct and alimony, but it would depend on when you found this information out, how long you’ve known, what if anything he did to you or how he treated or mistreated you, etc.

For a detailed explanation on the marital misconduct grounds that are relevant to the issue of alimony, check out our article Will You Owe Your Spouse Alimony After a Divorce? and scroll about halfway down to the subheading “Marital Fault is No Longer Required, But Does it Still Play a Roll?”

This will not be a factor in equitable distribution (property distribution) as any marital misconduct is not relevant to property issues.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.