Adultery, Lying, Etc


#1

Dear plm1966:

Greetings. You may have claims for alienation of affection and criminal conversation against this fellow in Chicago. As far as your wife, immediately retain an attorney and begin negeotiating an agreement that has a clause that the children must remain within North Carolina, or some other geographic boundary.

Finally, do not sit in the home and think about this too long or you will be condoning her behavior. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks for the information. At this time we are still both in the house as this is what we feel is best for the kids. How diificult is it get the moving restriction in the agreement and have it approved legally. Also is she exposed to possible misdemeanor charges as adultery is a crime. How would this work ? Also how does this action affect property division ? Thanks for the help. Silly thing is a still love and would love to work this out and stayed married to her.

Patrick Maginnis


#3

Dear plm1966:

Greetings. I am not sure what you mean by “approved legally.” If you have the signed separation agreement…it is legal. It is not generally difficult to get the moving restraint in an agreement.

I have not seen a district attorney that had time to spen on charging someone with adultery - as they are too busy with the rapes and murders in their county. If you have more questions about having someone charged with adultery, then you should call the district attorney’s office in your county.

Please rephrase your question about property division. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

In regard to the property distribution, does it still have to be equitable or do I have the ability to not make it as equal. For example I am willing to keep the club membership so they both can (kids/her) can still use as I feel it is important for the kids. Simply how little do I have to offer her. I am not much in the mindset of giving a bunch to a liar. I am also concerned about making sure the kids have stability in there there lives for the next year as we try and work out this mess.

Patrick Maginnis


#5

Dear plm1966:

Greetings. Property division is presumed to be equal (and equal is presumed to be equitable). There are a number of factors which can allow for an equitable distribution to be unequal. You can look on the equitable distribution information on our cite to see the factors for an unequal distribution. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

As of last week I discovered that my wife had an affair while in Chicago. She has contiuned to stay in contact with this person she has know for years until last week, when I discovered the affair. The e-mails she was sendind were vulgar. When I confronted her on the issue she denied it intially, but finally admitted to it. She indicates in one of the e-mails that in November this is the first time they did not have a plan to see each in the last six months. This is the same behavior her father exhibited. She indicates it is over for now as she does not need any more complications right now. At this time I want custody of the children as I am concerned that she could move out of state with the children. I also worried about her mental state as her actions are a complete departure from her normal state of mind for the last 18 years. What options do I have to keep her from leaving with children if she would get custody and how is the best way for to get custody. Also what legal options do I have in reagrd to the scum she hooked up with in Chicago. I understand there is a option in NC law, but do not understand how this would work and the possible scenrios and outcomes.

Patrick Maginnis