Do I have a leg to stand on?


#1

I married my husband on 1/20/12 and moved into his home while we rented my home to a single mother. I found out 5/6/13 that he has had a girlfriend the entire time we were married which also dated back to at least Nov of 2010. I moved into the guest bedroom for the next month and 1/2 because I had no where to go. I quit my job, with his encouragement, a month before this all came to light and was trying to start a cleaning business so I was totally dependent on him. He ultimately made me leave a month 1/2 later and then changed the locks. I obtained temp housing from a friend for a couple months until my tenant could move out. Still unemployed & distraught, I scraped by but got really overwhelmed by consumer debt trying to keep my home and vehicle and just necessities.
I am doing well now and it’s time to proceed with the divorce but I would like compensation for the debt incurred due to being kicked out and abandoned. He made over 3 times my annual salary in 2013.
I had helped my niece purchase a car in dec 2012, but she couldn’t keep up the payments so I took the car to sell and settle the loan. Before he kicked me out, my husband said he wanted the car for an extra and said he would pay me the $2400 once he sold something of his. I agreed because I had no way to pay for it but should’ve sold it out right. He reneged and did not pay me for the car so I was stuck paying for it. To top that off, my health ins is paid 100% and doesn’t cost him a penny through his employer. I will lose that when we are divorced. I’m learning not to be so trusting!
I want to file for an “At Fault” divorce and seek compensation so just wondering if I have a leg to stand on or should I just cut my losses.


#2

We don’t have “at fault” divorces in North Carolina, but there the factors of your situation will come into consideration in both a claim for equitable distribution and alimony. You should have a consultation with an attorney in your area to discuss your claims, including assets and liabilities at the time of marriage, separation and currently to come up with a settlement proposal and to decide if it is worth it to go forward with litigation if settlement does not work.