What is marital misconduct?

Marital misconduct is when a married person behaves in a way that damages or disrupts the marriage. In North Carolina, marital misconduct is relevant when determining the grounds for a divorce, the division of marital property, and alimony payments. Marital misconduct can include behaviors related to sexual relations, financial support or responsibility, and personal habits. Examples of marital misconduct may include having an affair, wasting marital assets, physical or verbal abuse, or substance abuse. However, the most common type of marital misconduct in North Carolina is adultery. To use marital misconduct as a ground for a divorce, the behavior must be serious, relevant, and related to the marriage. The behavior must be serious enough to justify permanently ending the marriage, relevant to the marriage, and connected to the marriage. Additionally, the behavior must be proven by clear and convincing evidence. Marital misconduct is an important factor when determining the division of marital property and alimony payments in North Carolina. When determining how to divide marital property or if alimony payments are appropriate, the court may consider any evidence of marital misconduct, including testimonies and records, and take it into account when making a decision. In cases where marital misconduct is involved, the court may award the innocent spouse with a greater portion of the marital property or a greater amount of alimony payments. In any divorce involving marital misconduct, the court will take the behavior into consideration when making determinations related to marital property and alimony.

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