I really need some advice


#1

This is a terrible situation but it’s not the end and you do have options. He is STILL your husband until that year and day are up and absolute divorce is filed for. You need to file for Divorce from Bed and Board since it’s apparent that he has abandoned you and the marriage. File for Equitable distribution, and if I were you I would make it so that you have all rights to the marital home, savings/retirement accounts and most marital assets, (since he’s living with another woman). Normally, I wouldn’t advise that but since he is obviously not interested in any assets from the marriage he shouldn’t get any.
You can also sue him for Criminal Conversation since with her being pregnant you can pretty well prove that an act of sexual intercourse took place. You could also sue the other woman for A of A since you have e-mails from her to show there may have been a relationship.
Get an attorney now to protect yourself. He doesn’t have to sign a separation agreement for you to be separated you just have to be living separately. I would contact his place of employment to find out what address he is using. That would be the easiest way to serve papers on him. Since he is still your husband they can not deny you that information, I don’t think…
Good luck to you and keep us posted!


#2

Thank you for your reply. I have an appointment with a divorce lawyer on Sat afternoon. She said she felt very confident in my story thus far so let’s hope all goes well.

Thanks again!


#3

Dear chele627:

Greetings. If you have property or assets, then you have an equitable distribution claim. Not sure on how much each of you earn, so I cannot advise on whether or not you have an alimony claim. Good luck and let us know how your meeting with the attorney goes. Thank you.

Janet L. Fritts
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

301 McCullough Drive Suite 510
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

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.


#4

I feel odd posting on a forum about this but I’m at a total loss. I met a man from australia 4 years ago. He came here and we married. he had 40 dollers to his name when he got here. I had a home, car, job ect…He was unable to work until he got his green card(feb 2006) at that time we had been married 3 years and 8 months. During those 3 years and 8 months I supported him as he was unable to work. paid his doctor bills, paid his child support and whatever he needed. I also put him thru school for 2 years of that time. My business began failing and when his green card arrived he went to get a job. I began looking for a job since mine was so slow. In may of 2006, 3 months after he began work I found emails from a woman he worked with. They were telling each other they loved each other and she sent him naked pics. I confronted him and he swore nothing happened. Then I found more emails in august 2006. Things began going down hill from there as I didnt trust him anymore. On nov 3rd he left the home and went to stay with a cousin of mine saying he was unhappy and all he did was make me miserable but he loved me. After 5 days he came back home telling me everything I had done to make him unhappy and I did the same so we decided to try again. Two days later he left again moving in with a person(male he said) in another town that he worked with, or so i was told. He would not give me an address for a few weeks and wouldnt tell me where he was. He refused to sign seperation papers and rarely returned my calls. I was left with no job and no income. After 2 weeks I managed to find a job but it pays very little and I have no benefits at this time. He did agree to keep my insurance though. Christmas day I found out he had moved in with another woman he worked with not the same one as the emails though. Today I found out this woman is pregnant and she says the child is his. I was told that she is already showing which leads me to beleive that he had sex with her while he lived with me. I cant find out anything because he refuses to return my calls and I dont know where he is living and he still wont sign any agreement with me.

I know I need a lawyer but I do wonder what my options are going to be at this point. I invested so much in this marriage and when I was struggling to keep us afloat he left taking the income with him. I’m thankful for my family or I would have lost everything.

Anyone have any advice? I’m a emotional wreck right now and grasping at straws I think.