What Evidence Do I Need to Prove Adultery in NC?

• Divorce settlements and property division: Sometimes evidence of adultery can also be used to force the hand of the guilty party, so to speak, when it comes to divorce negotiations with your spouse. You should not expect that a judge will penalize a spouse who committed adultery during property division proceedings. However, if the cheating spouse’s extramarital affair impacted the financial health of your ily, then those facts can be taken into account as the judge makes a decision about property division. Remember, although North Carolina is an “equitable distribution” state, equitable does not necessarily mean “equal.”
• Alimony: Although adultery is not a ground for divorce, the court will consider this type of marital misconduct when awarding alimony. If the court finds that the paying spouse committed adultery, the court must award the supported spouse alimony. However, if the court finds that the supported spouse or both spouses committed adultery, the court will use its discretion to award or deny alimony. It is also important to note that the court will not consider any marital misconduct if the acts by one spouse are condoned by the other. This means if one spouse knows about the adultery, and forgives the cheating spouse, the adultery will not be considered in an alimony case.

Obtaining proof of adultery can be complicated, but in the age of the Internet, it may be a bit easier than in the past. In brief, many family law matters concerning adultery include evidence that has come from the cheating party’s social media sites. Many people do not realize it, but even if you alter your privacy settings on Facebook or Instagram, for example, the information you post still can be discoverable by the other side. In other words, anything you post should be considered public information.

• Photos of the cheating spouse with the other man/woman (on vacation, out to dinner, or at the person’s home)
• Compromising photos of the cheating spouse with the other person
• Images of gifts purchased for the other man/woman
• Posts citing affection for another person

Remember that cell phones also store a significant amount of personal information that can be obtained through the discovery process. Emails, texts, and other proof of adultery kept on a phone can be used in court.

Seek Advice from a North Carolina Divorce Attorney

If it is clear that your spouse had an extramarital affair that caused the breakup of your marriage, you likely are thinking about how to prove adultery in NC. Generally speaking, proving adultery can be complicated, and it is important to work with an experienced North Carolina divorce lawyer who can help gather evidence in your case.

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• Spousal support: Under North Carolina affair law, divorce cases that were heard prior to 1995 required that the spouse seeking support, often known as alimony, had to prove that the payor spouse was guilty of some sort of marital fault. Proof of adultery could count. While cases after that date have not required evidence of marital misconduct in order for a payee spouse to receive alimony, evidence that a payor spouse was guilty of “illicit sexual behavior” during the marriage (and before the date of separation) can mean that the guilty spouse will be required to pay alimony. In the event that you are the payee spouse (the one who receives spousal support payments) and you move in with another party with whom you were having an affair, your spousal support payments may be lowered or even determined to be inappropriate.