Wife left me for someone else means nothing in NC court

#1

So if your spouse leaves you and moves in with their new lover it doesn’t mean a thing in the N.C. court system ? Can I change the locks on our home that we bought only two years ago right after we got married ?

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#2

You can likely use the fact that your spouse left the marriage and moved in with a lover right away to corroborate evidence from during the marriage that there was an affair and an act(s) of illicit sexual behavior. If you can prove that your spouse committed an act of illicit sexual behavior during the marriage (before the date of separation), then it may have advantageous alimony effects for you. For example, if you are the supporting spouse, you would not have to pay your spouse alimony.

Yes, if your spouse has left the marriage and has moved out of the marital residence, then a physical separation has occurred and your can change the locks. Your spouse should not be coming to the marital residence anymore without your permission assuming he/she has moved out.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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#3

Wouldn’t moving in, living with, and driving this person’s vehicles be enough evidence that they would also more than likely be having sexual relations ? He has given her health insurance, fixed her teeth, gave her a car. I mean what fool would do all this for a person just for nothing ? It’s obvious it wouldn’t be just from the kindness of his heart. Would I be correct in saying that the law in NC is that sexual behavior has to be proven before the separation ?

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#4

All of these things you reference will all be useful to show that there was an affair during the marriage. Generally the more evidence you have, the better when you look at the evidence as a whole.

For alimony purposes, you must show that a spouse committed an act of illicit sexual behavior before the date of separation. This is show by opportunity to commit the act (for example, hotel receipts, PI evidence of the spouse and paramour spending the night together or going into a hotel together) and inclination to commit the act (for example, moving in directly to the paramour’s residence, the paramour providing financial support and gifts, phone records, text messages, emails, etc.).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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#5

Thank you for your helpful responses. Would their be an issue if I decided to have a roommate of the opposite sex move in with me in the house I am buying ?

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#6

Yes, this could be used as corroborating evidence from during the marriage if your spouse was trying to prove that you had an affair/committed an act of illicit sexual behavior.

Also, in the event you were receiving alimony from your spouse, this type of cohabitation may be grounds for termination of the alimony payments depending on the terms in the separation agreement or court order.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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