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do courts actually take infidelity/adultry into consideration as means for divorce?

is infidelity and/or adultry liable reasons for divorce? meaning do courts actually take it into conseration? granted, my wife and i are still married by north carolina law, but seperated and not yet divorced. she has moved in with her new/current boyfriend along with our 1 year-old daughter. she has barely known this man for nearly about 3 weeks, maybe a month the most. isn't this considered adultry? i am unsure.
i am uneasy about this and the situation she has put our daughter in with this stranger. i am literally a nervous wreck. any suggestions on what to do next?

by TJ1 9 Posts
Posted on 4/11/2008 8:28 PM

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Answers for "do courts actually take infidelity/adultry into consideration as means for divorce?" (4) (You must be logged in to answer)

North Carolina has some unique actions concerning divorce. You can only divorce after one year and one day of separation. Or something about leagal insanity as grounds. Get online and search North Carolina divorce law. look up alienation of affections. See if that applies to you.

by trisha9054 853 Posts
Posted on 4/14/2008 1:01 AM

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according to what state you live in. but also adultry is grounds for a divorce. if you are alredy in the middle of it,what the use of proving it. unless she trying to get you to pay alimony. if thats the case, u would have to prove her adultry in court. its clear if she is living wiyh another man that is the case. as for as your daughter, is the mother unfit? ask yourself that question first, r is she a good mother? if you feel shes unfit and has put your child in harms way, file for soul custody. also, how much do u know about this man, is he good, nice, respectful, loving, dependable, honest, man that works willing to help provide for your child. is he willing? r is he awful abusive, no good, drug user. this is things u need to know 4 yourself and your child. do a little investating on him , find out what u can. if she is willing to stay with man, and she is fit for a mother. u may not be able to do much about in the future unless u know the facts about both. its to your knowledge and your childs welfare to find out. if u find negative things u can use it in court if u want soul custody of your daughter. goood luck!!! BE CAREFUL

by 1fool 14 Posts
Posted on 4/13/2008 12:50 AM

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there is a pretty good article on this topic on the site

http://www.divorce360.com/articles/891/cheating-spouse-get-more-money.aspx

While all’s fair in love and war, all is not necessarily fair in divorce court. “In California, adultery doesn't make a bit of difference in division of property. It’s an interpersonal issue. Not a legal factor. So, judges don’t get into it. Often, people are very disappointed to hear that,”

by oct15 174 Posts
Posted on 4/12/2008 8:12 AM

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To the best of my knowledge, Adultery is only adultery if you both are cohabitating with the understanding that you are still a couple. If you're separated, then it was already over. Now if you can prove she was seeing this guy before that, THAT's different.

I would talk to a lawyer about your concerns. Take care of you and your family.

by Robert-Boyd 2672 Posts
Posted on 4/11/2008 10:47 PM

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contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.