My wife has been in an open affair for several years. We live in separate bedrooms of the house. I have not condoned her actions and at no time has there been any attempts at reconciliation. She refuses to discuss separation and leave the home for weeks at the time. I cannot sell the house without her signature consent. Do I have grounds for divorce from room and board even though this has been going on for several years? I have many people who would attest to her extra marital affair including my adult children.
Assuming you can prove that your wife committed an act of illicit sexual behavior (a type of marital misconduct), then you would have the requisite fault grounds required to file for a divorce from bed and board. Her defense however, could be that you condoned the affair because of the length of time that it has allegedly been going on before filing a court action.
Check out our detailed article on this topic, What is a Divorce from Bed and Board?
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.