Can't get wife out of house


#1

Dear harleydad:

Greetings. First, ask your attorney about your rights under the Domestic Criminal Trespass law. You may be amazed at what he or she tells you.

Now, to the rest of your questions:

  1. Why could not the numerous instances of her overnight unaccountablity be considered separation? It is my opinion that they would be enough for domestic criminal trespass (especially the 18 night one). They are not enough for separation because you must live continually separate and apart. Change the locks the next time she is gone for over two nights or more and file an action for domestic criminal trespass against her.

  2. How can I determine this to be fact? Why do you care?

  3. How can she ignore them? She cannot. Ask your attorney to become more agressive, by sending letters every other day and filing a Motion to Compel and a Request for Attorney Fees and other Sanctions.

  4. What motivation would her attorney have to request something like that? It is two fold … (a) if there is fault on your side, then she may think the jury will care more about her. Tape record all conversations you have with her in the future about her absences. (b) jury trials can be scary for an inexperienced attorney and expensive to prosecute.

  5. Keep up what you are doing. When in court, hire an aggressive attorney who fights for you. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.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.


#2

Thank you Janet Fritts…my second question “How do I determine this to be a fact” should have been better explained by me. As I said, she has (allegedly) been granted a leave of absence to care for her (allegedly) mentally ill brother…who by the way…left his wife and son, moved in with his retired mother, has two other fully capable siblings, etc etc… My question involves two parts. 1) If I can prove she has purposely left her job, does it not speak to her irresponsiblility which is the basis of my case against her? 2)I believe she is relying on this to be a “victims” defense, given the fact she does not want this divorce, tells everyone I am “throwing her out” and cries “depression” as a result of this. Would a judge be sympathetic to her given those examples?


#3

Dear harleydad:

Greetings. My understanding is that your basis of the case against her is that she has “constructively abandonned” you and performed “indignities against you which make your life intolerable” not to mention that she has the time and inclination to be cheating. Bottom line is that she must take care of her husband and children FIRST, siblings second. Your case is not based on irresponsibility, but on how any of her behaviors made you feel and how they would make anyone else feel in the same situation.

She can be depressed and victimized all she wants, but you did not force her to stay away from the home for long periods. She should have thought about her actions before now, so that she would not become depressed. No, if presented correctly to a judge, I don’t think they will be sympathetic with her. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.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.


#4

Sorry to be longwinded, if you want to skip to the questions, they are underlined.

I have been attempting separation/divorce for 14 months. During that time I have filed a claim for Divorce from Bed and Board, yet unheard by the courts. I have a court date scheduled for July 24th but have already been advised by my attorney that a continuance will be asked for and granted by her attorney.

She has (and I have documented) numerous occasions where she was away from the home overnight, time I call “whereabouts unaccounted for” in my documentation. These occasions can go from 1 night to 18 nights. This last instance went for 18 nights consecutively. Why could not the numerous instances of her overnight unaccountablity be considered separation?

I have 2 teenage children 16 and 17 who want to stay with me and are having a hard time with the fact that their mother comes and goes so frequently and without knowledge of her whereabouts. Neither of the children want to interact with her, especially the 17 year old.

I have maintained the marital residence and continue to do so. I pay all the bills, feed and clothe the children, and she contributes nothing to the household. The home is in my name only. She has no money, and has recently received a “leave of absence” to care for a mentally ill brother. I doubt the validity of the leave given I was told by a reliable source she was fired. How can I determine this to be fact?My attorney has requested interrogatories detailing her finances which she has ignored under the advise of her attorney. How can she ignore them when I produced 768 pages of financial documentation to her attorney in April?

Recently my attorney has advised me that her attorney is requesting a jury trial. What motivation would her attorney have to request something like that…given the fact that I have made numerous attempts at a very equitable settlement? I believe it is nothing more than a stall tactic.

My last and final question. How do I get her out of my house???