Future AOA suit


#1

We are filing for divorce ourselves. If I am going to file an AOA claim against a third party does it make a difference, in the AOA suit, if I am listed as the plaintiff or the defendant on the divorce documents, and does it matter what the grounds are for divorce (she asked if I would enter the 1 year separation as opposed marital misconduct on her part)?


#2

You should read the numerous posts on thie forum re: AOA. There is a large quantity of very good advice and information re: AOA, Sposual Support, ED, Alimony, and more (if your wife had sexual relations with a 3rd party before you were separated, and you did not cheat on her, then that is grounds for her not being awarded alimony - a big deal) (AOA suits are VERY expensive and unless the 3rd party has assets you have a chance of winning, there is no point in u spending all the $ to chase that AOA claim)
I’m NOT a lawyer, but am in the middle of this same process, and have been reading a lot from this forum… I recommend you do the same.


#3

It does not matter if you are the Plaintiff or Defendant in your divorce, you can still file AOA. In NC divorces are not fault based, and you will file for the same based on one year’s separation. Fault is considered in Alimony claims, and ED (economic fault).