Divorce Questions

North Carolina Divorce Law Divorce and Separation Answers
1

  1. Generally no, if she forgave you for the affair that is legally known as condonation and the affair would not have an impact on alimony at this point. However, if you continued the affair and she was not aware of the situation, that would have an impact on alimony.

  2. You will not have to pay child support and generally are not entitled to visitation.

  3. The court will look at the circumstances of your marriage and the income earning potential of both of you. However, if she has not worked for the past several years, her lack of income may entitle her to alimony.

  4. Generally, the car she drives will be allocated to hear, regardless of whose name the title is in.

  5. She cannot contest a divorce, if you are separated for one year you can legally get a divorce. If you leave the marital residence withour provocation it is considered abandonment, there are generally not severe consquences unless you abandon her financially. You should consult with an attorney about the specific facts of your case before deciding to move out.

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.

2

I have several questions about divorce and separation

1)I committed adultery in the marriage but we decided to stay together 3 more years after the affair to try to work things out. Could my wife use that against me in the divorce proceedings? Or since she decided to resume the marriage with me, will the adultery no longer be substantial?

2)We had no children together but my wife had a child from a previous relationship. I’ve been in the child’s life for the duration of the marriage/relationship, which is about 7 years the child is now 10. The child considers me their father. I never adopted the child but was going to before the marriage started falling apart. Due to my being in the child’s life, but not the child’s biological father will I have to pay child support? Can my wife file a motion for child support from me? If so, will I be afforded visitation?

3)My wife doesn’t work but has twice the earning potential that I have because she has several degrees. I don’t have any degree but I’m bringing home all the money. Will the judge take earning potential into consideration, since she is solely dependent on me?

  1. We have 2 cars both in my name, one was acquired during the marriage. This is the only property we own as we are renting right now. Will i have to give her one of the cars, since they are both in my name? or will she be allowed to decide?

  2. My wife told me that if I decide i want to separate, but she doesn’t want to, that she can contest the divorce/separation, which will in turn make me guilty of abandonment. Is this true? What constitutes abandonment?