Domestic violence,separation,support

North Carolina Divorce Law Divorce and Separation Answers
1

shortydowop:

I’m sorry you’re going through what surely must be a difficult time for you. You may want to consult with an attorney about the issues of divorce, post-separation support, alimony, and equitable distribution. You will probably find that the consultation fee that you would pay to speak to an attorney for about an hour would be money well spent. In North Carolina, you are entitled to a divorce after one year’s separation. It appears from the facts you posted that you’ve been separated for almost 3 months now. You may be entitled to money from him to pay your bills through a post-separation support action, and you may be entitled also to permanent alimony. The law requires you to be dependent on your husband for your support (such as if he makes more money than you) and if a judge finds that an award of PSS and/or alimony would be fair given all your individual circumstances. The law also requires you to file for PSS and/or alimony BEFORE your divorce is final, though, so you need to keep that in mind. An attorney could help you sort that out. As far as your adultery issue, you may have a claim for alienation of affections and/or criminal conversation, both of which are lawsuits that can stem from adultery in NC, and both of which are causes of action against the new “girlfriend”. You can read about both of those causes of action, as well as your other issues on our website, www.NCdivorce.com. Good luck to you.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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

Dear Shortydowop:

Please let me know what you edited recently, so that I can respond. Thanks

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.

3

My husband has admitted to me --after I investigated and found out–that with us just being 1 month separated that he is living with a woman–and I know now that the affair was going on during our marriage. He has even taken the woman before his family–a month ago --to his parents wedding anniversary dinner with him and he and his family acts like nothing is wrong with this. I pointed out to he and his parents that we are still married and that I can/ and will take action against this woman.Do I not have every right to do so?? And to take action against my husband for support since he was the supporting spouse in the household??? NOW WHAT?

Shortydowop

4

Shorty,

In NC, if you are a dependent spouse, you may be awarded post-separation support and alimony. You’ll have to sue for it, though, most likely. If you’re serious about pursuing the claim, you should see a lawyer.

Alienation of Affection and Criminal Conversation are civil lawsuits against third parties (the girlfriend). To be successful in an Alienation of Affection claim, you’ll need to be prepared to prove that the love and affection in your marriage was destroyed due to the actions of the third party, and that the conduct began before the separation. The post-separation conduct can only be used to corroborate the pre-separation conduct. But…with Criminal Conversation, the stuff he did after the separation, by itself, can serve as the basis for the lawsuit. There are basically two elements of CC: marriage and sex with a third party during that marriage. If you can prove those two things, you may want to pursue it. Here’s the deal, though. Both Alienation of Affection and Criminal Conversation are lawsuits in which you’re remedy is money. If the person you’re suing has no money, there’s nothing to get. That should probably factor into your decision about whether to sue.

Now, if you do decide to pursue the AOA and CC claims, you need to know this, too. A bill passed the North Carolina House of Representatives (House Bill 1047 if you’re interested) recently which would abolish the claims of AOA and CC in North Carolina. The Senate will vote on it next, and if it passes, AOA and CC will likely be signed into law, and no longer be causes of actions in this state; if you haven’t filed your lawsuits by the time that happens, you’ll lose your right to sue for those things. Last year, the bill failed in the Senate by only the smallest of margins, so you need to be aware of the that.

Good luck in your situation.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.

5

Shorty,

I misstated something in my earlier post. To clarify, if the the bill to abolish AOA and CC is signed into law, then those causes of action are gone.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.

6

My husband and I have been married for 22 years. Our two boys are 18 and 21 now. On June 30, 2003, he assaulted me and I had to call for help. He came back the next day to get his belongings. We are now separated–he says he’s not willing to work through this because I betrayed him by calling 911(picture that-what about his betrayal when he jumped on me-striking me constantly in the HEAD) OK-now what about all the bills we have? Throughout our marriage I have never paid any bill but the telephone, cable, groceries, and getting whatever the boys needed.Now he said since he is out of the house , the bills are mine to pay–I’m on my own. I make $8.65 an hour 32 hours a week-3 weeks a month-I’ve been there 15 years. He makes $13.00 an hour 65 hours a week-4 weeks a month-he’s been there 22 years. My job is also downsizing and probably will be closed down completly by January 2004.When asked where he was staying, he would say with a guy from his job. Through an investigation of my own, I’ve found out that my husband is staying with another woman–within the 1st month of our separation. So this relationship had to have been going on during the marriage–which I kinda felt—woman stuff. What are my rights–for separation issues, support issues, the adultry issue, alimony issues?

Shortydowop