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
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.