Legal Question in Family Law in North Carolina

is texting other women on the phone and asking for sex is that grounds for divorse and do i have to divide up property with him


Asked on 6/30/10, 2:17 pm

1 Answer from Attorneys

There are no fault grounds in NC for divorce. Extra-marital conduct may be grounds for a legal separation, but all it takes for separation is for one spouse to leave the marital home. You certainly have cause. Otherwise, extra-marital conduct is largely irrelevant except for alimony. If you can find out who the ladies are that he has been courting, you might be able to sue the women for alienation of affection or criminal conversation if they have assets.

Whether you should get a divorce or not is up to you. You and he need to work this out. NC is an "equitable distribution" state. What this means is that you must equitably or fairly divide up your marital debts and marital assets. Generally, marital debt and assets are those things acquired during the marriage except gifts or inheritances.

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Answered on 6/30/10, 7:58 pm


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