Proof of adultry


#1

Husband tells that to prove adultry it must show the actual act of sex. . .is that so?
What do we need to do to prove adultry in N.C. please help.

Shirlka


#2

You will need to prove that the person had the inclination and opportunity. You do not need pictures of a person caught in the actual act, pictures of them entering the house in the evening and leaving the next morning can be evidence of adultery.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#3

We have a friend whose wife has asked him to leave. They have three children and she does not currently work. She has plans to return to work next year when the youngest goes to school and return to school to finish her degree. They have been married around 15 years. And he owns his own business. My husband and I both suspect that she has been unfaithful to him and have encouraged him to search for proof to avoid this being so finacially devistating for him. We feel this is one of the reasons that she wants the separation.
How can he avoid alimony if he finds no proof prior to moving out? I know that it’s legal to date once you are separated but if she already has a relationship, and starts dating someone within days of separation, would that be enough to cast doubt and put fault on her?


#4

If someone got involved in a relationship very soon after the separation that would be suspicious to the court. However, unless you could find proof of any relationship between them before the separation, they may not determine that adultery was committed. It does not matter when he finds the evidence that she was involved in a relationship. The important part is that the evidence exists at all.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#5

Under N.C. law; what are the requirements/documents needed to prove adultry.