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  • Start Here
    • Read This First
    • Do you need a divorce lawyer?
    • What to Do if Your Spouse Won’t Leave
    • The Truth about Divorce in North Carolina
    • What is a Legal Separation?
    • Initial Consult Questions
    • The Cost of Divorce
    • Therapists We Recommend
    • NC Family Law Blog
  • Services
    • Initial Assessment
    • Separation Agreements
    • Divorce Mediation
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    • Alimony in NC
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    • Child Support
    • Collaborative Divorce
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§ 50‑16.1A.(3) Definitions – Marital Misconduct.

You are here: Home / § 50‑16.1A.(3) Definitions – Marital Misconduct.

“Marital misconduct” means any of the following acts that occur during the marriage and prior to or on the date of separation:

a.         Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14‑27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse;
b.         Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought;
c.         Abandonment of the other spouse;
d.         Malicious turning out‑of‑doors of the other spouse;
e.         Cruel or barbarous treatment endangering the life of the other spouse;
f.          Indignities rendering the condition of the other spouse intolerable and life burdensome;
g.         Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets;
h.         Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome;
i.          Willful failure to provide necessary subsistence according to one’s means and condition so as to render the condition of the other spouse intolerable and life burdensome.

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About Our Firm

The Hart Law Firm, P.A. was originally founded in 2005 as a divorce and family law firm in Orlando, Florida. We moved to North Carolina in 2010, and now work with families to help them navigate the process of separation and divorce.

The Hart Law Firm is conveniently located in Cary, NC. We provide services throughout North Carolina’s Triangle area including Raleigh, Apex, Holly Springs, Garner, Morrisville, Durham, Research Triangle Park, Chapel Hill, Carrboro, Wake Forest, Wake County, Durham County, Orange County and other nearby cities and towns.

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