North carolina divorce laws evidence of adultery
Proving Adultery Attorney | Speaks Family Law Firm
A fault-based divorce allows you to file immediately for divorce, and then request a final hearing for the divorce judgment to be entered in 90 days. While this may seem like a long time, consider the alternative. When a no-fault divorce situation arises, the parties must remain separate and apart for one year prior to filing for divorce.
And, even then, the parties must wait until a hearing is scheduled. A cheating spouse is not entitled to alimony.
North Carolina Statutes on Marital Misconduct
In South Carolina, a spouse who has committed adultery is generally barred from receiving alimony. Although several other factors are also considered, a spouse who cheats does not typically get to collect alimony. Importantly, adultery can also impact the distribution of assets in a divorce proceeding. Marital fault i. Adultery does not affect child support.
Adultery is never a factor in calculating a child support obligation. However, child custody may be affected if adultery is proven in court, and the court determines that the actions of the cheating spouse were not in the best interest of the children. Some adultery cases can absolutely impact these things, for example, if your cheating spouse sent a considerable amount of money to their other partner. In that case, you would probably be awarded a greater portion of the assets. Or more child support money to make up for the money sent away.
let us work for you
In South Carolina that means an equitable division of marital property. You want to get everything taken care of as painlessly as possible. Each state is different, so get to know South Carolina laws. In South Carolina, these are the six main things to know and consider about adultery and divorce.
As the faithful spouse, you may be surprised how strictly South Carolina laws work to favor you.
Reach out for all the help available to you. Let an experienced divorce lawyer benefit you. Contact us today to see how we can help.
Can I Sue for Alienation of Affection in South Carolina?
She graduated from the University of South Carolina School of Law, and has been practicing law for 14 years now. Angela Frazier believes in helping you through one of the most stressful times of your life.
Learn more about her experience by clicking here. Your Name. Email Address. Phone Number. How Can We Help? Do you live in the state of South Carolina? If you can reasonably show these two things, you can most likely prove adultery. Marital misconduct including illicit sexual behavior can affect the amount and duration of alimony payments. Your Wilmington divorce lawyer can more fully explain these terms and how they apply in your alimony case.
Dividing Marital Property in South Carolina
Judges are required to act in the best interests of children. Adultery may show the court that a parent is engaging in reckless or unethical behavior. The court may take action if it believes this behavior is harming the child. By itself, adultery will likely not have an effect on property and debt divisions between spouses. This can change, however, when adultery affects the financial health of a marriage. An example is where a spouse is spending the family into massive debt to maintain an adulterous relationship. The judge will therefore consider the economic consequences of adultery when it comes to dividing property and debts.
Finally, the torts of alienation of affection and criminal conversation are still very much alive in North Carolina.
These two claims are similar but require different types of evidence. You will want to ask a Wilmington divorce lawyer about your options in suing the third party paramour. Given the impact of adultery on so many facets of a domestic case, how do you prove it? One form of evidence could be text messages between the spouse and his or her lover. There are special challenges with text messages, however.