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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In North Carolina, adultery is considered a criminal offense under the state's criminal statutes, specifically defined as a Class 2 misdemeanor. However, criminal charges for adultery are rarely pursued. In the context of divorce, North Carolina is a 'no-fault' divorce state, which means that evidence of adultery is not required to obtain a divorce. Nevertheless, adultery can still have legal implications in divorce proceedings. It may impact the distribution of marital assets, alimony payments, and can be a factor in determining the custody of children. If the court finds that a spouse committed adultery, it may result in the cheating spouse receiving less alimony or, in some cases, being barred from receiving alimony altogether. Additionally, the presence of adultery can affect the division of property, although North Carolina generally follows the principle of equitable distribution, which aims to divide marital property fairly, but not necessarily equally, between the spouses.

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Divorce

adultery

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

Divorce

adultery

Articles