Sorry,forgot to ask. Are his actions considered “cheating”? I know its not sex, yet. I still feel just as hurt, when i see the things that he is saying to her are almost more personal the the act of sex.
Lisa
"Divorce from bed and board is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the residence. If brought in conjunction with other claims (custody, child support, distribution of property), a judicially ordered separation pursuant to the prayer for divorce from bed and board establishes the separation required for those other actions. The complaint for divorce from bed and board must be verified and it must contain the required allegations of residency.
Only the injured party may apply for a divorce from bed and board. The complainant seeking a divorce from bed and board must establish at least one of the six fault grounds enumerated in the statute: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery. Further, the complainant must allege that he or she did not provoke the other spouse’s misconduct. The right to jury trial in an action for divorce from bed and board is governed by the statutory provision permitting a jury to make the factual findings on issues of fault."
You are entitled to 1/2 the marital assets and quite probably alimony since you are a dependant spouse. There are “Do-it-yourself” divorce kits that you can buy to save some money but I would say that his e-mails, phone conversations and “relationship” with his ex girlfriend are proof of indignities rendering the condition of the other spouse (you) intolerable. This would get him to leave the home and allow you to file for post separation spousal support. You have options. Do not believe that since you do not work that he has all the power. Half of the marital assets means the bank accounts too. Copy the e-mails, get a copy of the cell phone records if you can to show her number. Document everything you can. I understand how painful this is but you need to protect yourself. Consult an attorney or read the home site here to learn what you are entitled to and hopefully there are some others on here who have suggestions.
I would like to help, but I am not sure what your question is. What specifically are you asking for advice on?
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I think that my husband and I are going to seperate in the near future. He has lost complete intrest in our marriage, and doesn’t even sleep in out bed anymore (has not for months). If we split up I know that he is going to fight for custody of our children, and I don’t work so I can forget about paying for an attorney. He has also been talking to one of his ex-girlfriends as of late. I feel completly betrayed. I know that they exchange emails and phonecalls, I am not sure if they have gotten together in person yet. I don’t even know where she lives.
I am lost and confused, and advice?
Lisa