Identifying And Addressing Marital Misconduct In North Carolina

In many cases, legal separations are triggered by marital misconduct. Once this process is started, however, it's important for couples in the state to understand that they need to separate and remain that way for a minimum of a year before a divorce will be considered.

At Griffin Law, PLLC, in Statesville, we know just how important it is for people to properly build a divorce case around solid reasons that will hold up in court. One of the main reasons that people seek a legal separation or a divorce is marital misconduct, and our skilled family law attorney can help establish the grounds necessary to begin the divorce process.

What Is Marital Misconduct And How Does It Affect Divorce Proceedings?

Marital misconduct gives a spouse grounds to seek a legal separation (divorce from bed and board). It may also have an impact on whether alimony is awarded. Marital misconduct on the part of a party who otherwise is entitled to alimony may be a complete bar to receiving it.

Under state law, these grounds include:

  • Domestic violence
  • Adultery
  • Abandonment
  • Malicious turning out-of-doors
  • Reckless spending
  • Waste and destruction of marital funds and property
  • Criminal conduct and criminal acts
  • Serious or unacceptable acts that make life burdensome or intolerable
  • Financial abuse that leaves one spouse impoverished

It's important to point out that North Carolina judges have a fair amount of discretion in these cases, and any marital misconduct that occurs after separation is generally not taken into consideration by the courts unless they corroborate evidence showing a pattern of behavior that led to the separation.

Our Approach To Handling Marital Misconduct In Divorce

For 17 years and counting, attorney Jonathan D. Griffin has been helping spouses throughout Iredell County establish grounds for divorce through evidence and well-structured petitions to the court regarding various forms of marital misconduct.

At Griffin Law, PLLC, we are as compassionate to our clients as we are aggressive at protecting their best interests. We do this by taking an evidence-based approach to resolving marital issues from the start of the separation process all the way through divorce. When you work with our family lawyer, you can rest assured you are in good hands and that you are resolving matters in a way that makes sense for your family and situation.

Contact Us For A Consultation

If you would like to take the right first steps toward divorce, turn to Griffin Law, PLLC, in Statesville. We can provide you with straightforward counsel during a free initial consultation that can help you make informed decisions moving forward. Contact us online, or call us at 704-380-9128 to make an appointment today.