If my wife admitted that she committed adultery, can that be grounds for a fault divorce?

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If my wife admitted that she committed adultery, can that be grounds for a fault divorce?

Asked on October 10, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  The state of North Carolina definitely recognizes adultery as one of the grounds for divorce.  It is known as a "fault" ground for divorce and that means that in order for you to obtain a divorce in the state you have to "prove" the grounds to the court.  Admission would work which I assume could be done in an Answer to the Pleading that makes the allegation.  Let me explain.  In the divorce summons and complaint you will make the allegation that she committed adultery.  In her answer to the complaint she can "admit" that paragraph.  If she does not - and there is a strong possibility that she will not - then you are going to spend a ton of money proving your case and it may get you nothing but a sense of vindication, which will not last long after you pay the attorney's bill.  Good luck. 


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