Legal Question in Family Law in North Carolina

North Carolina is a no-fault state. Adultery is not grounds for divorce; it is only grounds for a legal separation. To be divorced, all you need to show is that you and your spouse have lived separate and apart for one year or more and that one of you has been a resident of North Carolina for at least 6 months. It does not matter who files first - either way, if you meet the residency and separation requirements, the divorce will be granted.

To get alimony, you have to show a financial need on your part and an ability to pay on his part. While marital misconduct would be grounds for the award of alimony, I don't know if the other elements are met. It would depend on a whole host of other factors which you should discuss with a family law attorney.

You can request that your husband pay your attorney fees but you must prove that he has the resources to do so and that you do not. Again, I don't know what your assets are. You can only get attorney's fees in connection with a claim for equitable distribution of your marital property and/or alimony/spousal support.

You may have claims for alienation of affection or criminal conversation against the other person involved with your husband. Depending on the facts and circumstances, you may be able to sue or use the threat of a lawsuit as a bargaining chip to extract better alimony/support or equitable distribution terms.