When couples in North Carolina choose to end their marriage, most file for a “no-fault” divorce. Even if one spouse engaged in behavior that qualifies as grounds for divorce, many prefer not to raise the issue in court where it could become public record.
In North Carolina, a no-fault divorce requires that the couple live separately for at least one year, and at least one spouse must have been a state resident for at least six months prior to filing.
But what if there are grounds, such as infidelity? Could it benefit the non-offending spouse to pursue a fault-based divorce instead? Let's take a closer look.
Marital Misconduct and Alimony
Under North Carolina law, marital misconduct includes behaviors such as infidelity. While financial factors like income and earning capacity carry the most weight in alimony decisions, misconduct can play a role.
If a judge is asked to decide on spousal support, evidence of misconduct may influence:
Whether alimony is awarded at all.
The amount and duration of alimony.
This means marital misconduct can work in favor of the spouse who was faithful, regardless of whether they would otherwise be the paying or receiving spouse.
Impact on Child Custody
In contrast, misconduct such as infidelity usually has little effect on custody decisions. Courts in North Carolina prioritize the best interests of the child. Unless a parent's affair led them to neglect their child or created unsafe or unhealthy conditions, it won't typically affect custody outcomes.
Negotiated Divorce Settlements
Many couples are able to resolve divorce terms through negotiation rather than litigation. In some cases, a spouse who has been unfaithful may be more willing to agree to terms proposed by their partner, either out of guilt or a desire to finalize the divorce quickly—especially if they have entered a new relationship.
As long as the terms aren't grossly unfair or harmful to a child's well-being, judges generally approve negotiated agreements.
Final Thoughts
Every divorce is unique, and while marital misconduct is not uncommon, its impact on alimony or custody will vary by case. If you're considering divorce and wondering how misconduct may affect your settlement, getting legal guidance early on is essential.
At Hefferon Law, PLLC, we provide tailored advice to help you protect your rights and navigate the complexities of divorce with confidence.