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3 Facts about Extramarital Relations and Divorce

At the heart of any marriage is trust and respect between two partners. If one partner breaks the vow of marital fidelity, however, the other may feel that this trust has been broken, and therefore they may choose to pursue a divorce.

Extramarital relations can have a number of different effects on divorce proceedings, and some of these effects are unknown to most people. The following are three important things you should keep in mind if you are thinking about getting divorced because of infidelity:

  1. Type of divorce – in North Carolina, divorce largely falls under two categories: No-Fault and Fault. A No-Fault divorce involves a trial separation period of one year before a couple can be divorced. On the other hand, a divorce where fault is involved can be more quickly secured. Infidelity is one of the few grounds on which a spouse can seek a Fault-based divorce.
  2. Spousal support – evidence of infidelity has an important effect on spousal support. If a dependent spouse can demonstrate that their spouse engaged in an extramarital affair, they will likely be granted spousal support. On the other hand, if it can be shown that the dependant spouse was adulterous, they are automatically disqualified from receiving spousal support.
  3. Separation – during separation, spouses are still technically married, and therefore any sexual activity with anyone other than their spouse may be considered an extramarital relation. While this type of sexual activity is exempt from civil actions such as criminal conversation, it may still affect decisions such as spousal support, child custody, and other decisions relating to the terms of a divorce.

Contact Us

If you or someone you know is considering divorce, you should discuss your options with a qualified legal professional. Contact a Raleigh divorce attorney of Marshall & Taylor PLLC, today at 919-833-1040 for a confidential consultation with an experienced member of our legal team.