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Quality, Responsive and Trustworthy Legal Services We offer clients a strong work ethic combined with prompt and personalized client care. Judges have a good deal of leeway in deciding what to do about marital fault and defenses when they are proven in court.
Traditional sex roles are rapidly changing in some ways but not in others, and judges react differently to the behavior that constitutes marital fault. Some think fault is very important, but others do not. Marital fault relates to alimony, not equitable distribution, which is the division of marital property. The last ground of marital fault, known as indignities, is a catchall for bad behavior generally. Marital fault is not a requirement for alimony. But if someone commits marital fault, the judge can financially penalize the person receiving or paying support.
In cases of adultery, the financially-dependent spouse who cheated cannot receive alimony, and the supporting spouse who is the bread-winner must pay alimony if he or she cheats. The policy is based on the historical tradition of an innocent dependent spouse who was left financially stranded by the other, who left for greener pastures with another romantic interest, for example. A defense means that you can be shielded from the consequences the marital fault that you committed. A defense excuses the bad behavior i. From our example above, if you are an adulterous supporting spouse without the legal defense of condonation, you are automatically required to pay alimony.
The only remaining questions at the point is the amount of alimony to be paid, and for how long. Critics Corapeake NC cheating wives condonation argue that it discourages reconciliation because the victim of the fault can be penalized for trying to save the relationship. On the other hand, the policy makes sense when you consider a year-marriage, and the prospect of arguing about an affair that happened 21 years ago.
Although the law delves into the reason for the separation, it does not delve into the marriage. To have the benefit of the forgiveness, the condonation defense, the spouse at fault must first prove that the innocent spouse knew that the misconduct occurred. The second requirement of condonation is to show that the innocent spouse voluntarily chooses to continue or the marital relationship.
This is shown in one of two ways. A spouse can directly communicate forgiveness, such as writing a letter or sending an e-mail.
Or, forgiveness can be shown when the innocent spouse voluntary engages in sexual intercourse after knowing about the marital fault. But isolated acts of sexual intercourse are not enough to give a spouse the defense of condonation. The husband had an addiction to pornography and communicated with women online.
Multiple times, he denied doing these things. When his wife discovered that he was in fact doing these things again, he admitted doing them and promised her that he would go to counseling. He continued the behavior and stopped going to counseling. Laws change. All Rights Reserved. Website built by Divorce Marketing Group.
Home About Ms. Call Map Menu. Forgive and Forget: Condonation in North Carolina Judges have a good deal of leeway in deciding what to do about marital fault and defenses when they are proven in court. What Are the Marital Fault Grounds? Consequences of Marital Fault Marital fault is not a requirement for alimony. What is a Defense to Marital Fault? How Do You Prove Condonation? Client Portal Download documents or make a payment here. Options For Your Case See different ways to handle your situation. Our Law Firm Blog To read our blog.Corapeake NC cheating wives
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