First off, one of you needs to move out so the 1 year seperation period can begin. Get a seperation agreement drawn up (you can buy a program for $35 at an office supply store with the forms and additional information). Get her to sign the agreement and file it. If she won’t agree to the terms, then you’ll have to probably get a lawyer. Both of you will be held responsible for making the payments on the house by the mortgage company unless you get it refinanced in your name only, but you need to get her to agree to that. You can draw up who gets what in the seperation agreement if she’ll agree to it. P.S. Since she had an affair, get some substancial proof. You might want to look into filing “criminal conversation” charges against her “beau”. Turnabout is fair play, right?
Just a few comments on the post above -
A separation agreement is a full and final resolution of all your rights arising from the marriage - specifically the right to property and alimony. I discourage the use of a “kit” or “program” for dealing with all of your property or alimony rights. I would use a lawyer. You can’the get those rights back once you sign the agreement.
Also, “criminal conversation” is a civil action in which you seek monetary compensation. There are no charges brought and it is not a criminal process.
This site contains a wealth of information that will help you proceed.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668
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.
I have recently found out that my wife has been cheating with another guy. How do you go about starting the seporation? And any advice on how to take care of the House and Car payments. Both our names our on the house, but only mine on the car.