My husband is Military and has been on active duty orders away from the home since 2012. I have found out that my husband has been cheating with another woman. He refused to come home. The last time I saw my husband was July 2015. It is like he has abandon the marriage. We talk everyday but he claims that I am accusing him of stuff. I have proof of pictures from facebook of him and this lady but my husband does not know I know or even have these pictures. Every time I ask about a divorce he states he doesn’t want a divorce it’s me. I have been married 11 years and with my husband for 15 years. I am ready to file for divorce but can’t seem to get any help or answers. I have been living in the house for the last 10 years and since he has been gone I have continued to live in the house. I want to know if I can file for alienation of affection and what military benefits am I entitled to? He states that I can have the house. I need an attorney in NC that can assist me I need help getting started. I just need to speak with someone.
You can file a court action for any of the causes of action that apply to your situation: equitable distribution, alimony, postseparation support, child custody, and child support. Your date of separation would be the date that you intended to live separate and apart.
You can file for an absolute divorce after one year from the date you intended to live separate and apart.
Since your husband is in the military and away on active duty, note that the court will likely stay the proceedings (meaning put them on hold) until he is not longer away on active duty unless an attorney can appear for him.
You can file a claim for alienation of affection against the other woman if there was genuine love and affection between you and your husband and the other woman wrongfully and maliciously destroyed that love and affection between you and your husband.
Check out our article Infidelity and Alienation of Affection for more detailed information.
As to military benefits, you will likely be entitled to alimony and child support (if applicable to your situation), as well as a portion of your husband’s military retirement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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