As long as you have “proof of an affair”, is there a certain time frame that you have to file for separation or divorce?
Thank you.
A spouse who accuses her partner of having an extramarital affair must prove the adultery to the court for North Carolina’s alimony law to take effect. Normally, a single judge hears divorce matters, but a wronged spouse has the right to request a trial by jury to prove marital misconduct. She must show beyond a reasonable doubt that her spouse had the opportunity to stray because he was alone with his paramour for extended periods of time in places where sexual contact could have occurred. She must also prove that he was “inclined” to stray, meaning that someone, usually a private investigator, witnessed him in romantic situations with his paramour or discovered love letters, emails or texts exchanged between them. Even when a spouse proves adultery to the court’s satisfaction, the accused can raise the defense that she condoned or forgave him for his behavior if she maintained the marital relationship after discovering his extramarital affair.