There’s been a lot of talk by more conservative politicians about doing away with no-fault divorce because they contend it makes it “too easy” to end a marriage. However, for now, all states – including North Carolina – still have some kind of no-fault option. In North Carolina, couples can qualify for a no-fault divorce after they’ve been separated for a year.
This helps couples divorce without having to drag sensitive personal matters into court, where they can become public. It also helps couples who need to continue to co-parent more amicably than if one of them had to prove that their spouse engaged in “marital misconduct,” as North Carolina law puts it.
What if a spouse has engaged in marital misconduct? Does it benefit the other spouse to file a grounds-based divorce?
Can infidelity affect alimony?
Infidelity (adultery) is one of the most common reasons people seek a divorce. If a spouse has cheated on them, people often think this will benefit them in the divorce settlement. That may or may not be the case.
When deciding alimony, for example, the law states that marital misconduct by either spouse can be considered. That means a judge might be persuaded to order an unfaithful spouse to pay more alimony than they might otherwise. On the other hand, a spouse seeking alimony who has been unfaithful could potentially be denied support or get less than they ask for. However, financial factors are typically the overriding concern for judges.
What about child custody?
People often hope that by citing their spouse’s infidelity in their divorce filing, they’ll get greater parental rights. That’s not necessarily the case. They would likely need to show that their spouse’s adultery not only caused them to neglect or otherwise harm their children but that this would still be relevant now that the parents are no longer together.
Some unfaithful people are agreeable to favorable divorce terms for their spouse – especially regarding things like alimony and property division, whether out of guilt or simply to get the divorce over with and move on with a new partner. When couples can negotiate terms, they don’t have to depend on the decisions of a judge, other than for their approval of their agreements.
Every divorce is unique. That’s why getting experienced legal guidance as early as possible can help you determine what’s best for you and your family.