Question on Adultery also


#1

Dear kkascm:

Greetings. First, adultery (having sex with someone other than your spouse while married) is a crime in North Carolina. I would also not advise him to sign something that incriminates him.

Now, the grounds for divorce in NC used most often is one year of separation. We do not use adultery as grounds for divorce. Adultery affects alimony, but not the actual divorce. Often in the separation agreement we say the parties had irreconcilable differences and do not elaborate on why they truly separated.

Yes, I would be worried about him removing property from the home, as you will likely never see this property again. You lose the rights to equitable distribution after the date of the divorce, so you must divide all of your property before the date of the divorce. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#2

I wanted to ask another question also. I wrote up papers for my husband to sign after I found out about his affair, but he won’t sign them. He said his lawyer said if he signed papers that state that infidelity was on his part, that I could have him arrested. Is this so? If it is, then what do couples put in their papers for the ending of the marriage? Infidelity was on his part, not mine. It doesn’t really seem fair to state that we both agreed to the Divorce because I never wanted it. I don’t want to have him arrested, but I am sure he would never believe it. I am sure I would be afraid to sign papers if I thought I would be arrested also. Could you give me any feedback on this? Thanks!
P.S. SHould I be worried about him removing property from our home? Would he not have to split the property even though it is somewhere else, or would I have to have documented proof of it. Would witnesses count?