Proof of adultry

North Carolina Divorce Law Divorce and Separation Answers
1

Adultery can impact both alimony and alienation of affections. Adultery can be proven through circumstantial evidence, if the spouse can show “opportunity and inclination” which translates to: time together alone and display of affection. Based on the circumstances you describe, it is advisable that you consult an attorney individually to determine the level of risk you face.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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 but a full discussion with an attorney should be undertaken before taking any action.

2

A very good male friend of mine has recently seperated and is now filing for divorce. His wife has accused him of having an affair with me. The affair never too place. I am currently married and have 2 children. My husband and my family are all aware of my friendship with this male and know that the affair did not take place. His wife is threatening to take him to court to prove the affair and collect allimony. He does make more money than her but she makes close to $40,000 a year and he is giving her the house. He has payed her a large sum of money every week since they seperated, he has not retrieved most of his personal property. She says she has proof, which could only be the two of us having lunch together where he payed several times and phones calls to each others cell. Should I be worried even though there can not possibly be any proof other than the 2 things listed above? She has asked for $1500 a month in allimony and he is refusing. He only makes around $50,000. Can I be made to go to court, does she have a chance of taking it to court?