It’s a Bird, It’s a Plane – It’s a Cuckolded Husband
Cheating spouses are nothing new; just ask any poet, storyteller, or country singer. It is a hurtful experience for sure, and for some folks, the desire to confront the cheater in the act can be strong.
Which is why we understand – though do not condone – the actions of one spurned husband, who literally launched himself in through the window of a moving bus to confront his wife.
The man saw his wife cheating with another man and smashed the window of the bus to yell out to her that she was caught. The wife and her new man must have been showing affection on the bus, causing her husband to jump off his motorbike and run toward the moving bus.
The husband verbally warned and let his wife and her paramour know that he saw them cheating. After saying many things to the two out of anger, the man eventually started to lose grip of the bus. The video ended with the man hanging from the bus, and the driver continued to drive down the road as if nothing ever happened.
How does catching your spouse cheating affect your divorce in Charlotte, NC?
Cheating is a common reason for spouses deciding to go their separate ways and filing for divorce. In North Carolina, cheating is referred to as marital misconduct or adultery. Therefore, if you are seeking a divorce because you caught your spouse cheating, you most likely plan to claim marital misconduct or adultery when you file for divorce.
North Carolina is a no-fault divorce state, meaning that you do not have to claim that your spouse committed any wrongdoings in order to be granted a divorce. However, you can for a divorce file under the grounds of adultery. Doing so can affect your divorce in the following ways: .
- Marital property may be divided differently if there is proof that the cheating spouse used marital funds on their lover.
- Adultery can affect child custody if the other person could have a negative impact on your children. For example, if the new lover has a criminal record or a history of drug abuse or violence, the court may take that into account. n.
- There is a possibility that the unfaithful spouse may blame their cheating on alienation of affection. North Carolina is one of the last states still allowing claims of alienation of affection.
- The cheating spouse may be required to pay alimony to you.
For what it’s worth, NC Gen Stat 14-184 says “if any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor.” So if you catch your spouse cheating and decide to file for a divorce, they may receive a misdemeanor criminal charge.
Showing proof of cheating in your Charlotte divorce case
Because North Carolina is a no-fault state, you don’t necessarily need “proof” of adultery to get divorced – but you will need it if you file under those grounds. A Charlotte divorce lawyer from Epperson Law Group, PLLC can help you obtain, collate, and present this proof as part of the divorce process. Some of the things we may examine include:
- Social media accounts
- Text messages
- Call logs
- Phone data
- Photos
- Videos
- Bank and credit card statements
- Receipts
The goal is to find any proof of your spouse spending time with the individual, conversing with the individual about being together, or even spending money on the individual. Looking for any gifts, hotel check-ins, dinner purchases, or proof of any expensive vacations or outings together may be beneficial to proving marital misconduct.
Can you date another person while separated from your spouse?
You can, but we suggest you think carefully about it.
North Carolina requires married couples to be legally separated for one year before they can be granted a divorce. Although it is understandable that you want to get out there and meet new people, you also want to be very careful not to jeopardize your divorce case. We recommend that you try to wait until your divorce is finalized to date or form a new relationship, because you may end up facing the same level of scrutiny about your new love that your cheating spouse faces about theirs.
Furthermore, we suggest you hold off if you can because it may be in the best interest of your children to do so. Divorce can be emotionally challenging for adults; it can be more so for children. They, too, feel anger, confusion, and grief over their parents’ separation. Introducing a new partner before you’re officially divorced can add to their stress. We recognize that our clients are adults who can make their own decisions, but we suggest you wait until the divorce is over before seriously pursuing a new relationship.
If you are going through a tough divorce and need a Charlotte divorce attorney who will remain by your side, Epperson Law Group, PLLC is here to help. Our divorce lawyers are experienced, educated, and ready to take on any type of divorce challenge you encounter. All you have to do is call or contact our firm to set up a case evaluation. We are located in Charlotte, Weddington, Concord, and Boone for your convenience.
James L. Epperson is a graduate of Appalachian State University and from Mercer University. He has practiced law for over 30 years and is certified in arbitration.
Find out more about James L. Epperson