Can I contest a no-fault divorce on the grounds of adultery?
Question Details:
My soon-to-be ex husband served me no-fault divorce 4 months ago. He admitted having a relationship with another woman who is based abroad. I suspect that he is also supporting his mistress financially. Can I contest this divorce? What are the grounds for contesting a no-fault divorce? How long does a no-fault divorce take if it can be contested?
Adultery is irrelevant in a no fault divorce. It cannot be a ground for divorce or affect the division of property.
In North Carolina adultery will not be a means of contesting a divorce if the parties have been separated for one year. Separation for one year is all that is required for divorce.
However, adultery will very likely play a role in the awarding or denying of alimony. A party who has engaged in uncondoned adultery is barred from receiveing alimony in North Carolina. A party who has committed adultery shall pay alimony according to the statuatory language; however, Courts also consider other factors such as income and whether one spouse is a supporting spouse and the other is a dependenat spouse.
If you feel you have a claim for alimony you must have a claim filed before the divorce decree is executed by the Judge. If your alimony claim is not filed prior to execution of the divorce decree, you lose the right to file it.
