Divorce from Bed


#1

I’m not sure about filing for divorce from Bed & Board under the pretense of being accused of having an affair. There are several reasons that you can file for this but I do not know if the reasons you listed qualify…that would be up to a judge or the attorney you hire. As for the abandonment issue, I believe that is leaving without warning and making no finacial arrangements for your 1/2 of the marital debts.

I can answer this about the mortgage. If both your names are on the mortgage then you are equally responsible for the payment, regardless of who has been paying. The only way for him to be solely responsible would be for it to be refinanced in his name alone, which I don’t believe you could do if he moves out. Or the possibility of post separation support or alimony if he makes considerably more than you. That may cover the difference of what you can not afford on the mortgage.
The marital home would be considered marital property and you both would be entitled to 1/2 the equity in the home along with 1/2 the debt.


#2

If you are scared of your husband then you need to seek a domestic violence protective order. It will offer you immediate release and evict your Husband from the house until there can be a hearing on this matter.

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

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 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.


#3

Hello All,

I have a question about divorce from bed. My husband and I have been married for 11 yrs. We have been having problems off and on for the last 5 yrs. One reason being his attitude is forever changing. We can make up and everything is great and because I said the wrong word or looked at him to long (just examples) he’s starting to explode. For the last year he’s consistly accused me of having an affair with every man I’ve introduced to him. I’m in sales and most of my clients are men, most married and he still accuse me. Now he is accusing of being with A Board Member of mine. This man brought a house from me, was ask by 3 member to join our Board, and he a good person. I can’t take it anymore.

On Saturday I was feeling ill complaining about a stomach ache while talking on the phone. My husbands words were “YOU ARE DYING, YOU ARE DYING BECAUSE I AM POISONING YOU” My girlfriend on the phone with me said she heard what was said and why would he stay something so cruel. The look in his eyes were something I have never seen before. He has aske me to move out before but I think I have to make some type of move to protect myself and my children. I need to either leave my home with my 3 children (1)jointly and move in with my mom. Or I can try to stay in our home where my children our settled with school and home.

My question can my husband be made to pay the mortgage on the house if I request a divorce from bed. I have paid the mortgage payments 39 of the 48 months we have been in the house, but my income has changed drastically in the last year and I can not afford to pay the full mortgage. Why should the children and I have to make all the changes to feel safe. It been a lot of thing to happen over the last couple of years but I don’t feel I should have to stay with someone claiming he is currently poisoning me. He’s out of town 4-7 weeks at a time,I have kept the children and the house in order.

If I leave with my children will that be consider abandoment? I need some advise.