When infidelity becomes a factor in your divorce, you may face a very different legal landscape than in other states. North Carolina is one of the few remaining jurisdictions in the US where adultery can have legal consequences. If you are a prospective divorcee to whom these “affair laws” may apply, understanding them is essential for protecting your interests.
Adultery as grounds for divorce
North Carolina grants absolute divorces strictly on a no-fault basis. However, adultery can serve as a fault-based ground for a court-ordered legal separation. It is known as a “divorce from bed and board.”
Under this law, you will need clear evidence that your spouse engaged in relations with someone else during your marriage. One does not need direct physical proof of the affair. Courts will accept evidence demonstrating both an inclination to commit adultery and the opportunity to do so.
While you do not need to prove an affair to obtain the divorce itself, it can influence your divorce. This may include alimony and, at times, settlement leverage that tips in an innocent spouse’s favor.
What are “heart balm” torts?
“Heart balm” torts allow a spouse to take legal action not just against their partner, but also against a third party. North Carolina allows a jilted spouse to file civil lawsuits against the other spouse’s affair partner. These two claims are separate from the divorce itself:
- Alienation of Affection: You would file this lawsuit against a third party who maliciously interferes with your marriage (like an affair partner). To succeed, you need to prove that this third party’s wrongful acts led to the loss of genuine love and care.
- Criminal Conversation: Despite the name, this is a civil lawsuit and not a criminal one. It focuses specifically on the act of sexual intercourse. To win, you need to prove that the affair partner had sexual relations with your spouse during your marriage.
These lawsuits are separate from the divorce itself but are often used as leverage during settlement negotiations.
Adultery and alimony
In North Carolina, adultery can have a definitive impact on alimony (N.C.G.S. § 50-16.3A). The law treats “illicit sexual behavior” as a primary factor in determining whether a spouse receives alimony. Based on your status as a supporting or dependent spouse, you can face a denial of alimony or an order to pay alimony.
Affair-related claims heavily influence the financial aspects of your divorce. Because of this, understanding your rights and options is essential if you decide to file your case. Consider reaching out to an experienced family law professional to discuss your legal strategies.