In order to answer either of those questions I would need additional information regarding the circumstances of the separation and the details of this relationship.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
You can give as many details as you are comfortable with…
Abandonment is essentially leaving the marriage without taking responsibility finacially for your children or the marital debt. If your wife left after discussing who would take what, who would pay for what, the custody and care of the children, and are planning to get a separation agreement together disclosing all the areas necessary, then abandonment is not really an issue. In order for the separation to begin one party must leave the marital home.
Suing for alienation of affection is a little tricky. From what I have read, it’s difficult to prove, expensive to litigate and rarely does it get to court. Usually there is a settlement. It’s difficult to prove because you have to show that the person in question influenced the decision for the spouse to leave. A clear cut case would be if she left you to move in with someone else and you had no prior knowledge that she was or had been involved with another person.
The other issue with this is that condonation means that you have had sex with your spouse with prior knowledge that they have had sexual relations with another person. Essentially it’s forgiven. And since NC is a no fault state there is little that an affair can do except influence alimony.
Alienation of affection could be ANY person who has influenced your spouses affections towards you. The relationship with that person does not have to be romantically inclined. It could be a co-worker, in-law, or friend.
If she is still seeing this person then you could have a case. If there is a relationship that “begins” soon after her moving then it could show a court that there may be cause to question if the affair ended previously…
I know this seems like a difficult time, but if she left the marital home, if she left the children with you primarily then you are in better shape than a lot of the husbands/fathers on here. Consult an attorney and get an agreement worked out. You have the upper hand, don’t lose it. This is when your children are going to need you the most.
I really don’t know a lot about this alienation of affection. But I am sure going to try to sue this woman, whom was supposed to have been my friend. Yes I found out back in 2002, and I left my husband in 2003, until July 07. He came to me and said let’s start over and buy a house. Well we brought the house, but there never was a start over. He lied to me, and I told him while we were in the process of getting the house, that his other woman stuff had to stop. He said yes, and that she this woman find out that he was buying a house with his wife, it different would be over. Guess what, it ain’t over. So now I am filing for a bed and board divorce, for cheating, and everything else. One we do file for a complete divorce, I am going to file for alienation of affection. This woman owns stock in her job for 30 years. Has a beautiful triple wide home, with lots of land, and she also owes another mobile home. I might not get anything, but I am going to let her Know that what she did was wrong. Use people friendship to get their husband.
I am sorry but, the only thing you can sue her for is equitable distribution and divorce. You cannot sue her for alienation of affection. You can only sue a 3rd party for AofA.
If she left you with the kids, great. Get an attorney and get temporary custody of the children. While you have temporary custody she is obligated to pay child support (after the custody order is in place).
If she is in the frame of mind that she wants out of the marriage use this time to protect yourself. Have an attorney draw up a separation agreement to your liking and ask her to sign it. If she wants to reconcile later then fine, no harm done. My experience is that once they see the piece of paper they seem to come to their senses. Do not bluff. Do not coerce. Be business like. Keep you emotions in check.
In order to sue someone for Alienation of Affection you would need to prove that you had a happy relationship and this third party interfered with your happy relationship. If this occurred, you can sue this third party but you cannot sue your spouse.
Abandonment is a complicated issue, simply leaving the home is not abandonment. Does your spouse make more money than you.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
My wife had an affair about 10 months ago. We have tried and tried to work through this, but last night, she left. Not for him, but the stress of everything took its toll. I am self employed, and this really helped make a mess of my business.
I did not want her to leave, but she left me here with 2 kids. No papers have been signed or delivered