Seperation without legal agreement


#1

Dear Confused:

As a practical matter, adultery is not a basis for divorce in North Carolina. However, if you were seeking alimony, his affair, along with your evidence that you are a dependent spouse, could lead to you receiving alimony. I would advise that you talk to a lawyer about possibly pursuing an alimony claim against your husband.

In North Carolina, adultery is a crime. So, as long as you are married, having an affair is illegal. If you wanted to pursue a criminal conversation action, you could also do that.

Take care,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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

My husband and I have been living seperately for almost a year with the intent to give us each a break to work out our differences. I am the one who requested the seperation. I recently found out that he has been having an affair during this seperation. If we end up in divorce can this be an issue or in other words will the court consider this adultery?