Co-Habitation question

North Carolina Divorce Law Divorce and Separation Answers
1

Dear MoreQsThanAs:

Greetings. I am sorry to hear about your husband’s behavior, which I am sure has caused you a lot of emotional turmoil. I would immediately file a motion restraining him from using any marital funds for the purchase of this house.

I also would not want my child to be cared for by the “other woman” and the judges in our jurisdiction do allow parents to stated that visitation shall not occur if the other party is cohabitating with an unrelated member of the opposite sex. That is what I would demand. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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 am divorcing my husband due to an affair he carried out, while my son and I were out of town, and the pregnancy that resulted. He has continued to carry on this relationship, even while she was in jail for 6 months, since we separated. I was just informed by the girlfriend that my estranged husband is about to buy a house for himself, her and the two kids. In the course of the same email, I found out that she and the two kids have been living with him in his one bedroom apartment for the last few weeks.

My question is this, can any of this be used to my advantage? He is in Texas and I am in North Carolina. As it stands right now, he is to have my 5 yr old for 45 days a year. He is demanding a full 4 weeks during the summer and I do not feel, seeing his recent history, that that is the best for my son. He already stated that he will not be taking time off work and that my son will be either in daycare for 10 hours a day or at “home” with this girlfriend.

Am I just looking for something that is not there or am I justified in feeling like he is trying to get away with murder but is providing me with ammuniton for something?