Legal Question in Family Law in North Carolina

My spouse had an affair and I had a PI confirm. That has been a about 10mths ago. He has continued to live in our house since then. Wondering if I ask him to leave if he can ask for spousal support since he's been living here after I knew, or should I obtain a current confirmation so I'm covered?

Asked on 5/15/13, 3:11 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law
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Under the law, typically dependent spouses cannot get spousal support from the Court if they committed adultery. A big exception is if you forgave the act. There is no specific description for what is forgiving your spouse. The Court will look at your conduct and the time elapsed. So if you two remained together for a long time after you knew and you resumed your sexual relationship, the law would likely say that you forgave the adultery.

Speak to a family law attorney for your options.

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Answered on 5/16/13, 8:17 am

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