Agreement signed-Can I file for the Divorce?


#1

Dear Janet,

If you have been separated for 1 year, then you may file for divorce. Otherwise, you have to wait until you and your husband have lived separate and apart for 1 year.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.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

I know that we have to wait for the year to pass. With the separation agreement I have can I sue her for cohabtation (or interferring with any possible means we may have had to reconcile ?) His and her behavior definately fall into mis-conduct. He admitted sharing a room with her and so did she to me. All this was prior to him presenting me with the agreement. Plus she spent many nights in his apartment. She is well aware that he is married. How should I file ? What grounds should I use ?


#3

You can file actions for alienation of affections and criminal conversation. See our website at rosen.com/alienationofaffection/

There is no action for cohabitation, but if you did not waive your right to alimony in your separation agreement, you can still file an action for alimony. You need to do so before your divorce is final. Check your agreement and with your lawyer to make sure you have not waived the right to ask for alimony in your separation agreement.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.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

My husband and I have been married almost 11 yrs. After a short so called business trip I was told he shared a room with a female Employee of the trip. The person who told me was also on the trip. I confronted him and he didn’t deny it. However he said that it was all a mistake that the other male on the trip went off with another female. She was supposed to share a room with the woman my husband ended up with. To make a long story short, I never asked him to leave our home, but 10 days later I came home to a note. He had left. He had said that they were just friends. He said that I was the best wife a man could ever ask for. He kept saying it wasn’t about us, that it was him. I didn’t know where he was as he wouldn’t tell me. He continued to see her for the 40 days he was gone. Then we talked and he decided to come home. We were going to try to work this out and put it all behind us. Little did I know but he continued to see her. I have a lot of documentation on their comings and goings. Including pictures. They spent several over nights together. He has since left again and same thing. I come home to a note and he has moved out again. This time he presents me with a separation agreement a few days later. It is written with so much guilt as he wants almost nothing. We own a home and he practically has given up his rights to it. He doesn’t want to give me any alimony or any of his retirement. After seeing a lawyer I signed it because of this fact as I know he is still having an affair and I don’t think he deserves much. He does still continue to see her. Can I file for the Divorce ? At that point do I have any recourse on what I can sue him and her for ? She knows he is married.