North Carolina is a “No Fault” state, meaning that to obtain a divorce, there are two reasons. Living separate and apart for one year and one day, or spouse is proven legally insane. I don’t know exactly how infidelity works into divorce proceedings, but hopefully, Janet, one of the other attorneys or your own lawyer could answer that.


Dear dhaymon:

Greetings. Yes, the affair was revived and recrimination means that you can bring it up again for the alimony portion. Divorce is only based on one year separation, so if there is no alimony fault issue (or even fault in the ED for dissipation purposes) then no, you won’t need to bring it up in the “divorce” hearing. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.


I forgave my husband in 2005 for hi affair. We reconciled in Jan 2006.In June 2006 I caught him again with the same woman. Can the evidence from his 2005 affair be used against him in a divorce case?