In North Carolina., having sex with someone other than your spouse (even after separation) constitutes adultery. Even though enforcement is unlikely, extramarital affairs can still negatively impact the divorce proceeding.

Is sleeping with someone while separated adultery in NC?

If infidelity/adultery — an intimate relationship with someone other than your spouse prior to separating — is an issue, then continuing a relationship with that same person after the separation can be used as evidence to prove adultery. Proof of adultery may affect alimony and child custody.

What is considered proof of adultery in NC?

Criminal conversation requires solid proof that your spouse engaged in sexual relations with the third-party defendant. Most commonly, evidence of adultery is obtained by hiring a private investigator to photograph or videotape the affair.