There is no law requiring a couple to sign a separation agreement.
If your spouse will agree to participate, you might consider employing a certified family law mediator to help you negotiate an agreement that both husband and wife would be willing to sign.
Although the name suggests that a crime has been committed, a “criminal conversation” action is not a criminal case.
Instead, it’s actually a civil case, brought by a plaintiff (the party that was allegedly wronged) in a civil court.
In North Carolina, courts may consider either spouse’s marital misconduct, including adultery, when deciding how much alimony to award.
In addition, this may be a factor courts consider when making decisions about child custody.
Innocent spouses may also request punitive damages (money damages to punish defendants for their bad actions).
Although criminal conversation and alienation of affection are very similar, they are actually two separate causes of action, which require different types of evidence.
A lawyer should always be retained to prepare a separation agreement and supervise the signing (or to review an agreement prepared by the other spouse’s attorney).
Typically, adultery won’t influence a judge’s decision about the division of property.
If an extramarital affair is unrelated to the economic condition of the marriage, then the adultery is not a proper factor for consideration.
(For a printable version, click here.) We are having serious marital problems. When a husband and wife face serious marital problems, they often have difficult legal questions that must be answered. The couple should first try to resolve their differences with the help of a neutral third party such as a minister or a marriage counselor. Lawyers are bound by the Rules of Professional Conduct which prohibit representing both sides in an adversarial — or potentially adversarial — situation.
This brochure offers some suggestions and general rules of North Carolina law. If you are not able to resolve marital problems, CONSULT A LAWYER before you or your spouse leaves the marital home. Can we be separated and continue to live in the same house? In order to be separated, the husband and wife must reside at different residences.