unfaithful spouse

How Does Marital Misconduct Affect Divorce?

Published on: March 15, 2023 | On behalf of Arnold & Smith, PLLC

How Does Marital Misconduct Affect Divorce?

The decision to file for divorce is never easy. Sometimes, a marriage does not go as planned, and you and your spouse are no longer able to make your marriage work. You are not alone because according to the Centers for Disease Control and Prevention (CDC), the divorce rate is about 2.5 out of every 1,000 total population. There were more than 689,000 divorces in 2021. In North Carolina, you can obtain a no-fault divorce. This means that you do not need to prove grounds for divorce other than that your marriage is irretrievably broken. But what happens when one spouse has committed some form of marital misconduct?

What is Marital Misconduct?

Does Marital Misconduct Affect Divorce Proceedings in North Carolina?

Published on: February 5, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

Although couples can obtain a no-fault divorce in North Carolina, marital misconduct may play a prominent role in divorce proceedings. Specifically, any acts that constitute marital misconduct may affect such aspects of divorce as alimony and even child custody.

‘Alienation of Affections’ in North Carolina: Sue Your Spouse’s Lover for Destroying Marriage

Published on: October 2, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

You might want to read this one if your husband or wife is cheating on you, or you filed for divorce because of your spouse’s infidelity. North Carolina is one of only a few states that allow cheated-on spouses to sue their spouse’s lover for “alienation of affections,” or, in other words, for destroying their marriage.

Woman Receives $350,000 in Settlement From Ex-Husband’s Mistress

Published on: September 22, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I sue someone for breaking up my marriage?”

Heidi Ovando was no doubt unlucky in many respects.