[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.charlesullman.com\/proving-adultery-north-carolina-divorce#BlogPosting","mainEntityOfPage":"https:\/\/www.charlesullman.com\/proving-adultery-north-carolina-divorce","headline":"Proving Adultery in a North Carolina Divorce","name":"Proving Adultery in a North Carolina Divorce","description":"If you are in the process of\u00a0filing for divorce because your spouse was having an affair, you might be wondering whether that adultery will impact your divorce settlement and, if so, how to prove adultery in NC. Adultery as a Legal Ground for Divorce North Carolina criminal law defines adultery...","datePublished":"2017-01-27","dateModified":"2024-09-12","author":{"@type":"Person","@id":"https:\/\/www.charlesullman.com\/author\/charlesullman#Person","name":"Charles R. Ullman & Associates","url":"https:\/\/www.charlesullman.com\/author\/charlesullman","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/b1be1fb990426716ccc017175b6aa0896e4c2f7f629307d9491d2bf729b1cd81?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/b1be1fb990426716ccc017175b6aa0896e4c2f7f629307d9491d2bf729b1cd81?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Charles R. Ullman & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","width":310,"height":78}},"image":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/wife-crying-husband-with-mistress.jpg","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/wife-crying-husband-with-mistress.jpg","height":358,"width":600},"url":"https:\/\/www.charlesullman.com\/proving-adultery-north-carolina-divorce","about":["Divorce & Separation"],"wordCount":1296,"articleBody":"If you are in the process of\u00a0filing for divorce because your spouse was having an affair, you might be wondering whether that adultery will impact your divorce settlement and, if so, how to prove adultery in NC.Adultery as a Legal Ground for DivorceNorth Carolina criminal law defines adultery as when any man and woman, not being married to each other \u201clewdly and lasciviously associate, bed and cohabit together\u201d Under North Carolina criminal law, adultery is a misdemeanor.Although adultery is considered a misdemeanor criminal offense under\u00a0North Carolina law, the primary reason that many spouses want to prove adultery does not have to do with criminal charges. To be sure, it is unlikely that a prosecutor would bring charges in a case of adultery, but adultery can significantly impact many aspects of a divorce or child custody case.Evidence of adultery may be obtained by hiring a private investigator to photograph or videotape the affair, and is required for criminal conversation as long as it’s solid proof that your spouse engaged in sexual relations with the third-party defendant.If you have questions about proving adultery and obtaining spousal support,\u00a0contact our experienced divorce lawyers\u00a0in Raleigh today to discuss your situation.Why Would I Need to Prove Adultery?Evidence of adultery can impact your divorce case or your child custody matter in a wide variety of ways:Adultery can call into question a party\u2019s fitness as a parent and whether living with that cheating spouse would be in the best interests of the child.Proof that one spouse cheated can also impact property distribution. For instance, if the cheating spouse used marital assets (such as money held in a joint bank account or credit cards in both spouses\u2019 names) to support the affair in any way, then the judge can decide to take into account the non-cheating spouse\u2019s losses and distribute property appropriately.Proof of adultery can allow a spouse who was the victim of the extramarital affair to file a claim for \u201calienation of affection\u201d and \u201ccriminal conversation,\u201d which sometimes are known as a \u201cheart balm\u201d torts. An alienation of affection claim enables Spouse A to file a claim against a third party for that person\u2019s responsibility in causing Spouse A to lose the affection of Spouse B. As with criminal conversation, you must file suit for alienation of affection within three years from the date the last wrongful act occurred. Unlike criminal conversation, the innocent spouse\/plaintiff doesn\u2019t have to prove that actual sexual intercourse took place. The plaintiff only has to prove that the defendant\u2019s actions caused alienation and led to the end of the marriage. This civil action can even be brought against a mother-in-law, for example, who advised the husband or wife to leave the marriage.” on the contentHow Does Adultery Impact Child Support, Property Division, and Alimony?As we mentioned, proof of adultery can impact a divorce case on many different levels. To better understand, let\u2019s take a look at the common issues that come up in a divorce in North Carolina, and the ways that adultery can impact each:Child custody and\/or visitation: Adultery can impact child custody or visitation issues in a few ways. For instance, given that judges have discretion in making rulings about child custody and visitation, a judge may determine that the adultery reflects poorly on the parent\u2019s ethical choices and, as a result, reflects upon the parent\u2019s fitness. As such, the judge may decide that the parent involved in an extramarital affair should not have custody of the child. In addition, adultery can impact child support. While North Carolina has specific guidelines that courts use to determine child support awards (guidelines based on the parents\u2019 incomes), those guidelines can shift if one parent is living with and sharing expenses with another adult (such as a person with whom that parent was having an extramarital affair).Spousal support: Under North Carolina affair law, divorce cases that were heard prior to 1995 required that the spouse seeking support, often known as alimony, had to prove that the payor spouse was guilty of some sort of marital fault. Proof of adultery could count. While cases after that date have not required evidence of marital misconduct in order for a payee spouse to receive alimony, evidence that a payor spouse was guilty of \u201cillicit sexual behavior\u201d during the marriage (and before the date of separation) can mean that the guilty spouse will be required to pay alimony. In the event that you are the payee spouse (the one who receives spousal support payments) and you move in with another party with whom you were having an affair, your spousal support payments may be lowered or even determined to be inappropriate.Divorce settlements and property division: Sometimes evidence of adultery can also be used to force the hand of the guilty party, so to speak, when it comes to divorce negotiations with your spouse. You should not expect that a judge will penalize a spouse who committed adultery during property division proceedings. However, if the cheating spouse\u2019s extramarital affair impacted the financial health of your marriage or your family, then those facts can be taken into account as the judge makes a decision about property division. Remember, although North Carolina is an \u201cequitable distribution\u201d state, equitable does not necessarily mean \u201cequal.\u201dAlimony: Although adultery is not a ground for divorce, the court will consider this type of marital misconduct when awarding alimony. If the court finds that the paying spouse committed adultery, the court must award the supported spouse alimony. However, if the court finds that the supported spouse or both spouses committed adultery, the court will use its discretion to award or deny alimony. It is also important to note that the court will not consider any marital misconduct if the acts by one spouse are condoned by the other. This means if one spouse knows about the adultery, and forgives the cheating spouse, the adultery will not be considered in an alimony case.What Evidence Do I Need to Prove Adultery in NC?Obtaining proof of adultery can be complicated, but in the age of the Internet, it may be a bit easier than in the past. In brief, many family law matters concerning adultery include evidence that has come from the cheating party\u2019s social media sites. Many people do not realize it, but even if you alter your privacy settings on Facebook or Instagram, for example, the information you post still can be discoverable by the other side. In other words, anything you post should be considered public information.What kinds of uploads or posts may serve as proof of adultery? Evidence from social media sites may include:Photos of the cheating spouse with the other man\/woman (on vacation, out to dinner, or at the person\u2019s home)Compromising photos of the cheating spouse with the other personImages of gifts purchased for the other man\/womanPosts citing affection for another personRemember that cell phones also store a significant amount of personal information\u00a0that can be obtained through the discovery process. Emails, texts, and other proof of adultery kept on a phone can be used in court.Seek Advice from a North Carolina Divorce AttorneyIf it is clear that your spouse had an extramarital affair that caused the breakup of your marriage, you likely are thinking about how to prove adultery in NC. Generally speaking, proving adultery can be complicated, and it is important to work with an experienced North Carolina divorce lawyer who can help gather evidence in your case.Contact Charles R. Ullman & Associates\u00a0today to learn more about how we can assist you.{    \"@context\": \"http:\/\/schema.org\",    \"@type\": \"Product\",    \"review\": {        \"@type\": \"Review\",        \"author\": {            \"@type\": \"Person\",            \"url\": \"https:\/\/www.google.com\/search?q=charles+ullman+raleigh+nc&oq=charles+ullman+raleigh+nc&aqs=chrome..69i57j0i22i30.2547j0j4&sourceid=chrome&ie=UTF-8#lrd=0x89ac5f12c136826f:0x117cc2f6a11c04f0,1,,,\",            \"description\": \"Charles R. Ullman & Associates client\",            \"name\": \"J. Leithead\",            \"@id\": \"https:\/\/www.charlesullman.com\/proving-adultery-north-carolina-divorce#Person\"        },        \"reviewRating\": {            \"@type\": \"Rating\",            \"bestRating\": 5,            \"worstRating\": 1,            \"ratingValue\": 5,            \"name\": \"5 star rating - J. 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Charles Ullman and his staff were always available, providing 5 Star Service and support. There was never a question in my mind, that Charles Ullman would achieve the best outcome for my case. He absolutely did just that. Most importantly, everyone at Charles Ullman & Associates, really cared about my challenges, and they all took personal ownership of my case. Charles Ullman & Associates is an AWESOME law firm, complete with AWESOME people that I now consider true friends of mine!!!! The BEST of the BEST!!!!\",        \"@id\": \"https:\/\/www.charlesullman.com\/proving-adultery-north-carolina-divorce\/#Review_JL\"    },    \"audience\": [\"https:\/\/en.wikipedia.org\/wiki\/Consumer\", \"https:\/\/en.wikipedia.org\/wiki\/Customer\", \"https:\/\/www.wikidata.org\/wiki\/Q22855\"],    \"name\": \"Service - Proving Adultery in a Divorce in Raleigh, NC\",    \"alternateName\": \"Proving Adultery in a Divorce in Raleigh, NC Charles R. 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