My husband has had an affair for the whole 5 yrs of our marriage. I found a cellphone with nude pictures of him & the ladies, along with texts & plans. I took the phone. When he realized I reached out to this office he quit his job( trucker) and started driving for a private owner so I can no longer track his finances. We have a home(mortgaged, my name only on the deed) 2 cars both in his name. I had a home that was inherented by my mother. He stopped making payments & caused it to go into foreclosure. Where does this leave me. I work but have nothing in my name. Credit shot because of my house. Only thing holding that is the pandemic. Help. I need advice.
It sounds like you would be entitled to alimony and a distribution of the property. To do this, you would have to file a court action against your husband for postseparation support, alimony, and equitable distribution.
You are entitled to alimony if he is the supporting spouse and you are the dependent spouse. Evidence of his affair(s), if you can prove at least one act of illicit sexual behavior during the marriage, can require him to pay you alimony as long as he is the supporting spouse and you are the dependent spouse.
The house may be your separate property since it was inherited by you and titled only in your name.
If the vehicles were acquired during the marriage and were not inheritances, then they are marital property subject to being divided 50/50.
You can use our Sample Court Complaint as a template to draft your own. Filing fees are $150 but these can possibly be waived if you qualify for indigent status and fill out the appropriate paperwork at the clerk’s office.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Do i file this after i move out? If i leave the home will that hurt my cause with all the proof i have of his affairs?
You (or your spouse) will need to file the complaint after you move out. Your claims for equitable distribution and alimony do not begin until after a separation has occurred.
Separating will not hurt your case as long as you have collected all the evidence of an act of illicit sexual behavior that you can. Once you separate, it is harder to prove that an act of illicit sexual behavior occurred during the marriage (between date of marriage and date of separation) without already having the evidence collected from before the date of separation.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.