What Kind of Consequences Will My Ex Face for Misconduct in North Carolina?

If you have endured years of misconduct during your marriage, you have every right to expect consequences for your ex. But will your ex actually face any legal penalties for what they have done? How do you ensure consequences during a divorce in North Carolina? The answers to these questions depend on your unique circumstances and the specific type of misconduct your ex committed. To ensure consequences, you will first need to prove that the misconduct actually occurred. This is something that a divorce lawyer in North Carolina may be able to help with.

The first thing you need to realize is that North Carolina is a no-fault state as far as divorce goes. This means that when you file for divorce, you cannot cite misconduct as the reason for ending your marriage. Unlike other states, North Carolina only provides one possible “grounds” for divorce: Irreconcilable differences after one year of separation.

Note that this does not mean you cannot pursue justice for misconduct during your divorce. It simply means that when you begin the divorce process, there is no sense in mentioning misconduct as a contributing factor. The only thing the court really cares about at this point is that you have lived apart from your ex for at least 12 months.

If it becomes clear that your ex has committed certain types of misconduct during the marriage, they could lose custody of the children. This is one of the most impactful consequences that a court can enforce. If the court believes that the misconduct your ex committed reflects badly on their ability as a parent, they may provide you with sole physical custody. Your ex may only have limited time with the children, possibly during supervised visits.

That said, your ex will only experience these negative consequences if their misconduct demonstrates the potential for a future issue that could negatively impact the child’s best interests. Examples include domestic violence, child abuse, and child neglect.

Certain misconduct might affect the child’s best interests, or it may not. For example, substance abuse could be a concern if your ex has a history of driving drunk with the kids or leaving drugs scattered across the family home. On the other hand, an alcoholic who stays sober in front of their children and never drives drunk may experience zero custody-related consequences.

Another consequence that the court could impose is purely financial in nature. If your ex commits certain types of misconduct, they may be forced to pay your legal fees. These legal fees could be quite substantial. For example, your ex might try to conceal assets or steal items from the family home. They might also destroy marital property during the divorce. This type of behavior could lead to an ex paying all legal fees for a divorce case. Note that if there is a substantial disparity in incomes between spouses, the wealthier spouse might need to pay all legal fees regardless of misconduct.

In North Carolina, spouses who cheat during marriage may lose access to alimony. This can be a major consequence for the offending spouse and a major positive for the aggrieved spouse. If the spouse who committed the adultery was set to pay alimony instead of receiving it, they might have to pay more.

In order to ensure these consequences actually happen, you first need to prove that the misconduct occurred. This isn’t always easy, as the burden of proof lies with the accuser. If you cannot prove that the misconduct occurred with a “preponderance of evidence,” the court will assume that it never happened. Your attorney can help you gather the necessary evidence to prove misconduct such as adultery, asset concealment, domestic violence, and much more.

A divorce lawyer in North Carolina may be able to help you ensure that your ex faces consequences for the misconduct they committed during your marriage. While the civil family court cannot send your ex to jail or enforce any criminal penalties, it may be able to provide you with a positive outcome. These outcomes could help you and your children live more safely and securely. If you would like to learn more about potential penalties and pathways toward justice, contact Arnold & Smith, PLLC, today.