Family Law

Using a Courthouse Dog for Emotional Support

Appearing before a judge in court, not to mention cases that involve a jury, can be intimidating. For victims who have been sexually assaulted, emotionally tormented, or physically beaten, facing the perpetrator in court can be a truly traumatic event. Luckily, an attorney will help walk you through this process and ensure that you are ready when the time comes to face your violent partner, or will help your child feel secure, brave, and truthful. Additionally, there are new options emerging in North Carolina to help witnesses and victims in court, such as the use of courthouse therapy dogs.

Courthouse Dog, Teghan, to be First Therapy Dog Used in North Carolina Court

While the concept is still catching on in North Carolina, many other states have adopted the use of courthouse dogs as sources of therapy during high-stress cases for people exposed to domestic violence, and other victims. Recently, Johnston County became the first to allow the use of a courthouse dog, according to WRAL News. Teghan, a yellow lab, will help ease the pain, fear, and anxiety that many people feel in Johnston County. Local businesses have paid for veterinary costs, the dog’s training, and other expenses all in an effort to level the playing field for victims in court.

How the Defense Uses Your Anxiety, Fear, and Other Emotions to Your Disadvantage

Being confident, articulate, and calm in court is a vital part of your case’s success, whether you are appearing before a judge or a jury. This is always much easier said than done, as even preparation by your attorney can still leave you with high strung nerves. For Charlotte victims of domestic violence, sometimes no amount of practice can prepare them for facing their abuser in court. According to the U.S. Department of Justice, some of the most common mistakes that witnesses or victims make on the stand include:

• Not speaking clearly or loudly;
• Failing to understand the question;
• Appearing disheveled or uneasy;
• Losing their temper;
• Not fully explaining yes or no questions with further detail;
• Failing to appear positive or confident;
• Volunteering information; and
• Not abiding by the courtroom rules.

A courthouse therapy dog may provide the reassurance, comfort, and feeling of security to put many of your anxieties to rest. While a therapy dog may not be available in your case, a compassionate attorney will use other methods and strategies to help you in the courtroom.

Enlist the Help of an Experienced Charlotte, North Carolina Attorney Today

A compassionate domestic violence attorney with experience in such cases will understand the fragile emotional and psychological state that you are coming from. They will provide professional preparation and do everything in their power to put you at ease for your time in court. If you are seeking relief from an abusive relationship, please feel free to contact the Charlotte attorneys of Powers Landreth PLLC today or at your soonest availability.

Resources:

wral.com/johnston-county-hires-dog-to-comfort-courtroom-victims-witnesses/16770705/

justice.gov/usao-mdpa/victim-witness-assistance/tips-testifying-court

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Stepparents’ Child Custody and Visitation Rights

When a marriage comes to an end, child custody is often one of the most hotly contested items throughout the divorce process. But what happens if there are stepparents/children involved? Does the biological parent always end up with his or her children, or does the stepparent ever seek and obtain custody? What about visitation rights of stepparents, or even stepgrandparents?

Study Finds that for Half of Children of Divorced Stepfamilies, a Strong Relationship with the Stepparent Remains Through Adulthood

A recent study found that the bonds created between stepchildren and their stepparents can last a lifetime even after the child’s biological parent and stepparent got divorced. According to one of the paper’s authors, Marilyn Coleman of the Department of Human Development and Family Science, “For a substantial portion of these children’s lives, they’ve been living with a stepparent, who, in many cases, became a parent to them.” When that strong relationship can be shown and proven to the court, there is a much greater chance of that stepparent being given partial custody or visitation rights. Coleman goes on to say that when “the couple breaks up, the family breaks up. . . what happens to these kids?

Stepparents may have invested a lot of time, a lot of emotion in raising a child and then end the relationship completely.” This emotional investment goes two ways: with the child and their stepparent. The bond is often so strong that it lasts through childhood and continues into adulthood, which was shown in half of the study group. Severing this relationship prematurely and coldheartedly through a court order can be traumatic for children of all ages, who seek regularity and routine during times of stress, such as divorce and the months and years of adjusting afterwards. Terminating a strong relationship between the child and their stepparent may be seen as not in the child’s best interest. Coleman finishes with, “Sometimes, there’s an assumption that when the relationship ends, there’s no need to continue ties. But for children who have grown up viewing someone as a parent, it may not be so easy for them to lose that relationship.”

Is it in the Best Interest of the Child?

It would be incredibly rare for the court to give a stepparent sole custody unless the biological parent has a history of substance abuse, mental illness, a severe disability, a criminal history, or charges of spousal or child abuse. Joint custody would be more likely, especially if the stepparent had been a father or mother to the child since a very young age. Visitation rights would also be a very tangible goal for a stepparent.

Call Powers Landreth PLLC Today

According to the Stepfamily Foundation, 1,300 new stepfamilies are formed every day. Many of these marriages come to an end. If you wish to seek child custody or visitation rights as a stepparent, or believe that your former spouse would not make a good guardian of your biological child, we at Powers Landreth PLLC are here to answer any questions you may have concerning issues of custody and visitation rights of stepparents. Contact our Charlotte family law team today for assistance.

Resource:

stepfamily.org/stepfamily-statistics.html

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False Allegations Made During Divorce

Stress, pressure, and fear will make ordinary people do unordinary things–manipulative and even deceitful things. Some divorcing spouses go so far as to make up stories about their partners that damage their reputation and chances to be granted child custody, marital property, or alimony. If you are facing such accusations, you need to act now by contacting an experienced Charlotte, North Carolina divorce attorney.

False Allegations of Domestic Violence are Rare, But Do Occur During Divorce

While false domestic violence or abuse allegations are rare, they do affect spouses negatively during divorce. Specifically, a protective order (50-B) against one of the spouses could seriously impact the decision of the judge in many circumstances. According to research and reported by the Colorado Coalition Against Domestic Violence, in  63 percent to 74 percent of domestic violence cases, there is sufficient evidence that abuse occurred. In the remaining cases, there is insufficient evidence or a mistaken belief that abuse occurred. Very rarely does a person make a false allegation, which makes it all that much more difficult to prove in court.

Accusations of Drug or Alcohol Addiction, Sexual Abuse, or Child Abuse and Neglect Can Destroy a Parent’s Chances of Custody

Allegations of child sexual abuse during divorce cases only make up about six percent of cases, though at least two thirds of those cases are substantiated by evidence. Other allegations that could seriously jeopardize your ability to receive child custody, or even visitation rights, include:

• Alcohol or drug use;
• Child abuse;
• Spousal abuse;
• Animal cruelty;
• Committing crimes without getting caught; and
• Exposing the child to inappropriate activities or material.

Gambling, Criminal Allegations Affect Asset Division and Alimony

Even though North Carolina is an equitable distribution state, as per § 50-20, meaning that marital property is divided “fairly,” though not necessarily evenly, an accusation of abuse, an addiction, committing a crime that lead to a criminal record, or other offenses could mean that you are not awarded your fair share of the marital property. Because North Carolina can is a no-fault state for divorce, meaning that the court does not “care” in many instances who caused the divorce and will go ahead with equitable distribution of assets, there are some scenarios where allegations could disrupt this. For example, if one spouse spent a lot of money gambling, on another sexual partner, or somehow deprived the family of income in some other unfaithful, deceitful, or dishonest manner, such as committing a crime, the court may side with the other spouse that cast doubt on the other. The court may not divide the assets or allocate alimony in the same manner as it would had no false allegations been made.

Contact Powers Landreth PLLC Today for Experienced Charlotte Divorce Legal Counsel

The Charlotte attorneys at Powers Landreth PLLC will help you clear your name from any false accusations and ensure that you are given a fair chance at child custody, visitation, spousal support, and asset division. Contact us today for assistance; our attorneys are happy to answer any questions you may have.

Resources:

ccadv.org/wp-content/uploads/2013/11/CCADV-CCASA-Fact-Sheet-on-Myth-of-False-Allegations_updated-2.21.14.pdf

ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-20.html

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Split Custody Agreements

You have likely heard of joint custody, where you and the child’s other parent share legal responsibility for the child and, usually, the child stays with you part time and the other parent part time. Split custody, on the other hand, is a situation in which your two (or more) children’s living arrangements are split between you and the other spouse. For example, your 10-year-old son may live with you while your seven-year-old daughter lives with the other parent. The court usually frowns upon split custody for a variety of reasons. The average North Carolina family that has children has more than one. In fact, the average is 1.75 for families that do have children, according to the Census. We understand that there are many ways that child custody can go, and split custody may or may not work for you and your children.

Sibling Relationship is Lost

With a split custody arrangement, the sibling relationship between the two children would be lost or severely limited. The children would likely not see each other very often, even if you and the other parent had visitation with the other child on the weekends or if their time together with the same parent overlaps occasionally. The North Carolina court usually believes that it is in both children’s best interest to live together and, if joint custody is an option, to move between the two households as a pair instead of individually. During divorce, or any time of despair or uprooting of normal life and routine, a sibling can be the most beneficial part of a young child’s life. According to The Only Child Project, and reported in the Huffington Post, “Without a sibling to share the burden or ease his pangs, an only child’s experience of divorce is significantly higher than other children.”

Split Custody Can be a Good Option if the Sibling Relationship is Already Very Strained, or for Other Reasons

While it used to be much more common to split up siblings a few generations ago due to possible financial strains that one or two of the parents might have, in today’s times this is remedied by child support. Although not a perfect system, due to the commonality of delinquent payments, child support negates the reason for split custody. However, if the sibling relationship is already at an unhealthy state and serious fights and arguments are frequent, there may be grounds for a split custody agreement. There may be other reasons to pursue a split custody agreement as well, such as a very wide age gap between the two children. For example, maybe one child is new baby set to live with the mother in a new city, while the other child is about to go off to college in a year and wishes to stay with the parent that is staying in the old home. There are many scenarios where split custody may be a viable option.

Call a Charlotte, North Carolina Attorney for Help Today

Our attorneys can help make split custody possible, or conversely, can help to ensure that split custody does not occur if the other parent wants split custody and you know that it would not be a healthy decision to make on behalf of your children’s well being. Contact Powers Landreth PLLC in Charlotte today to speak with an attorney.

Resources:

census.gov/population/socdemo/hh-fam/tabST-F1-2000.pdf

huffingtonpost.com/vicki-larson/post_2200_b_896909.html

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How Does the Court Decide Sole Custody?

Despite only one in six sole custodial parents being fathers, according to the Census, the court does not favor the mother over the father, or vice versa. In fact, the court makes the decision in favor of the child only. It seeks to find a solution that is in the child’s best interest. According to the North Carolina Bar, “the court must find that the custodian is a fit and proper person to have custody and that custody with that person is in the best interests of the children.” If the best interest is to grant sole custody to the mother, the court made that decision based on objective criteria, such as who the child’s primary caretaker was leading up to the divorce or separation, work schedules of either parent, care taking abilities of each parent, history of violence of each parent, home proximity to schools, proximity to grandparents or other potential caretakers, etc. In order to ensure that you are given a fair chance to show that your child’s best interests lay with you, do not hesitate to contact an attorney at once.

The Court has the Final Say

While the legal assistance of an experienced attorney is unparalleled in terms of importance to your case, a judge will make the final decision regarding your child’s custody care. Because of this, it is vital to show how living with you or allowing you to have legal decision making capabilities is in the child’s best interest. What do North Carolina courts look to when deciding custody matters? All of the following criteria are thoroughly examined, in regards to each parent’s:

• Physical health;
• Mental health;
• Work constraints;
• Care taking abilities;
• Care taking history with the child;
• Domestic violence or abuse history;
• Alcohol or drug abuse history;
• Home proximity to schools and other family members; and
• Much more. If the child is old enough, the child can have a say as well.

What Can an Attorney do for You?

The difference between an experienced attorney and a sub-par attorney is vast, and not something you want to experiment with in something as important as child custody. A good attorney can provide honest answers to your questions and help you achieve high but realistic goals, all the while by keeping up excellent communication. It is important that your attorney has dealt specifically with cases like yours before. For example, are you ending a same-sex marriage, or is there anything else that presents a potentially more complex child custody case than normal? Be sure to ask each attorney you meet with about these questions and more before you agree to let them represent you.

Call a Charlotte, North Carolina Child Custody Attorney Today

Divorce and separation are tough on everyone, especially children. The possibility that they will no longer see one parent as much as the other can be especially traumatic. During this difficult and tumultuous process, it is imperative that your legal counsel has vast experience dealing with all types of child custody disputes. Nothing will catch our attorneys off guard during their pursuit to grant you the custody or visitation rights that you desire. Make an appointment with one of our Charlotte, North Carolina child custody attorneys today with Powers Landreth PLLC and learn more about we can help you.

Resources:

census.gov/content/dam/Census/library/publications/2016/demo/P60-255.pdf

ncbar.org/media/209956/child-custody-visitation-and-child-support.pdf

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Trauma Bonding

If you have been trapped in an abusive relationship and do not know why you have been unable to leave, or family members and friends do not understand why you are still in the relationship, there is a very clear cut answer. It is not just you. There is nothing wrong with you or abnormal with your behavior, because, in fact, there is chemical bond that makes it incredibly difficult to sever even the most abusive, violent relationships. This bond is called trauma bonding, and while we strongly encourage you to call an attorney and law enforcement for help today, it is important that you know why you may have been struggling to break free for so long.

We all Have Bonds, but Those Who Experience Trauma Have Even More Intense Bonds With Their Partners

Humans are social animals, which means that we form strong bonds with one another. These emotional attachments help us see from another’s point of view, let us forgive one another after an argument or fight, provide high levels of care for others, and, overall, make society as we know it possible. Bonds also make it exceedingly difficult when we lose a loved one, whether it is due to death, divorce, or separation. When trauma is involved, the strength of that bond is drastically increased. A trauma bond is the “misuse of fear, excitement, sexual feelings, and sexual physiology to entangle another person,” according to the Abuse and Relationships Organization. When two people share a traumatic experience together, such as surviving a disastrous mountaineering trip or another type of accident, a special, traumatic, bond is formed. A traumatic bond is also formed when two people engage in extreme sports or activities, or when the relationship is physically, emotionally, or psychologically abusive. Moreover, if a person experienced traumatic incidents earlier in their life, they are even more prone to traumatic bonding with their abusive partner due to cognitive learning.

The Longer the Relationship and More Traumatic the Abuse, the Stronger the Trauma Bond

The longer the abusive relationship lasts, the harder it becomes to leave because the brain has essentially been re-wired to need the abusive person and the trauma that they cause. And, after abuse has occurred, the abused person will tend to seek the comfort or consolation of the person who carried out that very abuse. The abuser controls the abuse–when it stops and starts, therefore they hold not only the power to abuse, but also the power to make the pain end. According to Coping With Trauma: Hope Through Understanding, “the alternation of distress and relief cements the bond.” Additionally, the abused feels entirely dependent upon the abuser. This is why it is so difficult for millions of victims across the country and North Carolina to leave abusive relationships.

Contact an Attorney for Help

Whether you or a family member are trapped in an abusive relationship in which domestic violence occurs frequently or infrequently, it is of the utmost importance that you reach out for help to break the trauma bond. Counselors, safe houses, law enforcement, and attorneys can all offer different and important types of support. Please reach out to the Charlotte, North Carolina domestic violence attorneys at Powers Landreth PLLC today for help with your situation.

Resources:

abuseandrelationships.org/Content/Survivors/trauma_bonding.html

books.google.com/books?id=xHK4vjl-RRAC&pg=PA125#v=onepage&q&f=false

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Allison’s Law

North Carolina is currently considering adopting a new law requiring domestic violence offenders to wear ankle GPS bracelets to track their whereabouts. The House Bill, H.B. 46, is also referred to as Allison’s law because it could, if made into a law, save lives such as Allison Holt, who was killed by her estranged husband back in 2009 two days after she filed a restraining order against him. A staggering 60 percent of violence-caused injuries were inflicted on family members, loved ones, or acquaintances, according to the Bureau of Justice Statistics and reported by Mother Jones. And, 60 percent of those injuries happened at home. Additionally, 79 percent of murders, when the victim-murderer relationship was known, were incidents where the victim was a loved one, friend, or acquaintance of the murderer. By keeping tabs on the violent person, lawmakers hope to curb the deaths and injuries of thousands of North Carolina victims each year.

About the Ankle Bracelet and the Program

The bill calls for the offenders to wear the GPS device at all times (24 hours a day). If they are found outside of their approved zone, they will be arrested immediately. This is all to provide safety for their potential victims. Last year in North Carolina there were 64 domestic violence homicides, according to North Carolina Coalition Against Domestic Violence and reported by WNCN News. The lawmakers of the bill are currently undecided and are seeking feedback from a future Department of Public Safety pilot program on the following:

• Whether GPS units should be worn only by offenders who violate a domestic violence protective order;
• Whether GPS units should also be worn by violent offenders;
• What constitutes a violent offender;
• How the program should be staffed;
• Type of GPS unit to be used;
• Type of GPS monitoring to be used and whether it will provide real time data;
• If the victim’s location will also be monitored for their safety, and what privacy concerns will arise because of that;
• Cost of the program; and
• Comparison of North Carolina’s program to those of other states.

Recent Successful Results in Close-By States

Several other states have had success, including Connecticut, which began their trial program in two high-risk regions back in 2010. The Connecticut Mirror reported that between 2010 and 2013 they had 168 defendants wearing ankle bracelets. As a result, none of the victims were injured or killed in additional assaults.

What is Domestic Violence?

Domestic violence, when the offender is in a relationship with the victim, is causing bodily injury, the attempt to cause bodily injury, or putting the victim or their family members in fear of injury. Placing the victim or their family members in emotional distress over their safety is also considered domestic violence.

Contact a Charlotte, North Carolina Domestic Violence Attorney Today for Help

If you or a family member is the victim of domestic violence of any kind, we strongly encourage you to contact an attorney immediately. Do not hesitate to call the compassionate attorneys of Powers Landreth PLLC Charlotte today.

Resources:

ncleg.net/Applications/BillLookUp/LoadBillDocument.aspx?SessionCode=2017&DocNum=165&SeqNum=0

motherjones.com/politics/2013/04/domestic-violence-murder-stats

ctmirror.org/2013/09/04/gps-ankle-bracelets-reduce-domestic-violence-injuries-connecticut/

wncn.com/2017/02/17/some-seek-solutions-as-domestic-violence-continues-to-plague-nc/

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North Carolina Collaborative Divorce

When most people think of divorce, a complicated, stressful, and costly image comes to mind. While many divorces do end up going down that type of road, especially when the divorce is contested and goes to court, there is an easier option available for couples whose relationship is still strong enough to discuss options face to face in a controlled, neutral environment. This option is called collaborative divorce, and it may be the right choice for you.

What is Collaborative Divorce?

To settle legal disputes, there are generally three accepted methods. The most recognizable option for many people is going to court (litigation) where a judge will make the decision for you after hearing the arguments of both sides. However, an article in Forbes estimates that 95 percent of divorces are settled outside of court. So how are people going about this? Arbitration, which is somewhat similar to litigation, is another option, which involves both parties entering an agreement to let an arbitrator settle the dispute for them. Both parties present their arguments to the arbitrator and the arbitrator will either make a concrete decision or the decision will be allowed to be appealed. Collaborative divorce is similar to arbitration in that it takes place outside of the courtroom, but neither party is forced into making a decision right then and there, and no third party will make the decision for them either. During a collaborative divorce, both parties come to a single room, or separate rooms, and present their sides to the collaborative divorce attorney. The collaborative divorce attorney takes no sides and has nothing to gain or lose by pressuring either party into a decision.

Why Should I Consider Collaborative Divorce?

There are many good reasons for going with a collaborative divorce over litigation. However, it should be kept in mind that in order for collaborative divorce to work, the communicative relationship between both parties must still be somewhat intact and the wishes that both parties have entering the process should already meet somewhere in the middle.

• Cost: The average collaborative divorce cost $19,723 which is less expensive than a traditional litigated divorce, which comes in at an average of $77,746.
• You control the outcome: The collaborative divorce attorney will help both parties come to an understanding and reach a middle ground in terms of asset and property division, child custody, alimony, and other issues. If a decision is made, legal contracts can be signed there or at a later date to enforce the decisions made equally by both parties. You are in control and can agree to or deny any offers presented by the other side.

Contact an Attorney Today

Whether you decide to go with litigation, arbitration, or collaborative divorce, you will need an experienced attorney at your side throughout. Call the Charlotte law office of Powers Landreth PLLC today.

Resources:

forbes.com/sites/jefflanders/2014/05/22/divorcing-women-is-it-best-to-litigate-or-settle/#3097c9e4618c

nbcnews.com/id/22315262/print/1/displaymode/1098/

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Custody Over the Family Pet

Who gets Fido?

You might be surprised what causes hang-ups in separations and divorce.  Sometimes even deciding whether to separate involves consideration of factors that may seem unimportant, if not frivolous to some.

The other side of the coin involves assumptions about what’s fair or what the divorce laws in North Carolina say.

If you’re a pet owner, figuring out who gets the dog in a divorce (or cat or any other beloved pet) can turn out to be a big deal.  You may have even waited to split up, fearful you’d be separated from an animal that is very much considered a member of the family.

Generally speaking, pets are considered property.  They are not subject to ‘best-interests’ considerations like children.  And that can cause problems – Bill Powers, Charlotte Divorce Lawyer

You can replace a car, the couch, or a home with another one, but you cannot replace the bond that you have created with your pet with the snap of your fingers or with a quick credit card transaction.  For many folks, the family pet is a member of the family.

They’re more than property.

Indeed, given almost 70%  of homes in the United States have at least one pet, it’s surprising there aren’t more disputes and protracted litigation in family court about pet custody issues.

Property division can be one of the most hotly contested aspects of divorce.  Adding pets into the equation only complicates the matter.  That’s one reason why proceed forward in a collaborative law fashion may be helpful.

Unfortunately, unlike child custody, the court treats pets as property.  There aren’t “pet custody laws” in North Carolina.  There isn’t a consideration of what is in the best interests of the pet.

As property, dogs and cats (pets) are considered as part of Equitable Distribution.  That means the Judge goes through and decides:

• What is a marital asset?
• What is separate property?
• What is the property worth?
• What’s fair in splitting up marital assets?

Is a Pet Separate Property or Marital Property?

Because the court views pet animals as property, your dog, fish, cat, or pet snake may fall under the category of marital property or personal property.  The division of assets, which necessarily includes real and personal property, is done so through the NC Equitable Distribution laws.

Personal property normally includes anything that either party brought into the marriage, or, more simply, anything that was purchased or acquired before the marriage.  That is not an absolute rule.

In fact, there is some legal authority to argue the assumption that individual “separate” property is gifted to the marriage or otherwise becomes marital property over time.  There are exceptions.  Frankly, it can be a bit complicated.

“Separate Property” may include things like an inheritance or gifts that were given specifically to one or the other spouse.

Pets are Property

According to the Animal Legal Defense Fund, some courts are looking at the bond between the animal and the owner to establish custody or ownership.

Equitable Distribution Affidavit 

Proving that the bond between you and your pet is stronger than the bond between your pet and the other owner may be accomplished in court by showing who provided more care, who took the pet to more veterinarian visits, who took the animal on more walks, etc.

Eyewitnesses, such as neighbors and friends, as well as receipts and other documentation, can be utilized for the purpose of proving a strong bond. If you do not wish to put everything in the hands of the court, you and your ex-spouse may wish to work out a sharing schedule or contract between the two of you that specifically outlines who has the pet on specific days, weeks, or months.

Charlotte Equitable Distribution Lawyers

Whether you are seeking ownership of your dog, cat, or guinea pig, the Charlotte divorce attorneys of Powers Law Firm PA understand the importance of the bond that you have with your beloved pet.

Our lawyers are available for legal consultation for separation and divorce matters in Charlotte (Mecklenburg County) and Mooresville (Iredell County).

Legal matters involving separation, divorce, and equitable distribution are subject to a consultation fee.  Matters discussed and disclosed to our divorce lawyers as part of legal representation (and consultations) is confidential.

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Cheating Spouses

So, you have a cheating spouse.  Or maybe you’re the spouse having an affair?  What does that mean for a divorce?  It can be relevant for quite a few different things.

First, there are two types of divorce in North Carolina.  The first and most common divorce is generally referred to as an absolute divorce.  An absolute divorce can be granted one year and a day after the spouses separate.  There is “no fault” required for an absolute divorce.  Once an absolute divorce is granted, the spouses are no longer legally married.  The second type of divorce is called divorce from bed and board.  This divorce does require fault, meaning the filing spouse must show injury from the accused spouse’s actions based on an enumerated list in NCGS 50.7 (including adultery).  Unlike an absolute divorce, divorce from bed and board does not require a separation period and does not legally end the marriage.

Secondly, adultery can influence child custody.  No, the court will not grant sole custody based on adultery alone.  Child custody and visitation is determined by the best interest of the child.  Some courts will use evidence of cheating in making their decision.  Let me be clear, adultery will not terminate a parent’s right to custody, but among other factors, it could help a judge decide on a custody schedule.

Third, alimony.  This is where evidence of adultery is most important.  If a cheating spouse is requesting alimony, that request must be denied.  On the other hand, if the supporting spouse is cheating, the court must award alimony to the dependent spouse.  If both spouses have committed adultery, the court can award alimony to the dependent spouse.  Evidence of adultery will also play into the judge’s decision regarding the amount and duration of alimony.

Lastly, there are other civil actions, related to cheating, that can be brought by a spouse.  These claims are criminal conversation and alienation of affection.  Both actions allow a spouse to sue the cheating spouse’s paramour.  However, only criminal conversation requires sexual intercourse.  Alienation of affection can be used for any loss of affection in your marriage, even if there is not a sexual relationship.

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