I am so sorry to hear of your husband’s behavior. How disappointed you must be after such a long marriage and raising two children together. If your husband has abandoned the marital residence and is not providing financial support to you and your children, I suggest that you consult legal counsel immediately to try negotiating a separation agreement that provides for child custody and support; post-separation support/alimony and property division of marital assets. If your husband is not willing to voluntarily agree to provide support, you may need to pursue him in court.
You cannot “sue your husband for adultery.” Divorce in North Carolina is based upon a one year separation only. Fault does not matter with regard to divorce. However, if one spouse has committed marital misconduct (including illicit sexual behavior, such as adultery) this may come into play with regard to whether a court will award alimony. Additionally, you may be able to sue the “other woman” for criminal conversation and/or alienation of affection. More information on these causes of action can be found on our website: www.rosen.com.
Robin F. Verhoeven
Attorney at Law
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.