Good Guys Always Finish Last

North Carolina Divorce Law Divorce and Separation Answers
1

I am sorry to hear about your situation. Hopefully I can provide you with some information that can help you resolve your problems.

First, you should talk to a lawyer about filing for a divorce from bed and board. That is a court-ordered legal separation where you may ask a judge to make your wife leave the home. At the same time, you would probably want to sue for custody of your children, as well as child support. Despite her low income, she would still have an obligation to pay child support.

Second, considering her current marital misconduct, it is possible that you may not have to pay alimony. In North Carolina, alimony is based on dependency, and it sounds like your wife is the dependent spouse. However, if you can show that she has committed acts of marital misconduct, you may not have to pay her anything. You should talk to a lawyer about your specific situation, and how you should proceed.

I understand your reluctance to end the marriage, but it sounds like you’ve had enough. In addition to talking to an attorney in your area about your legal options, you should also consider talking to counselor to help you and your children deal with the transitions in your lives.

I hope this helps!

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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

I have two small children a 3 year old son and a 4 month old daugther. I have been married for over 6 years. I recently caught my wife cheating on me for the third time. The first two times I tried to forget about it and move on. But this time I over heard her with one of her friends talking and she is planning to continue seeing him even though we had a long conversation about it and she swore to me it would stop.

Basically the only reasons I have not kicked her out is because of the children and that I make all of the income and pay all of the bills. I have supported her for the last six years. She has not been able to keep a job. This was true even before we had children. She works a part time job in the evengings. I know that she cannot make enough to support herself. So I feel bad about kicking her out.

I am also worried because I cannot afford our bills and daycare for 2 kids as expensive as it is these days.

I am afraid that since I am the husband I will get the bad deal in a divorce and end up having to pay an ungodly amount of alimony.

I cannot take it anymore. Please send me any suggestions.

Good Guys Always Finish Last