Infidelity and innocent spouse rights


Dear kkascm:

Greetings. First, you describe yourself as a dependent spouse and therefore are likely eligible for alimony. No one says you have to go to court and if you retain an attorney, they are likely to be able to first stop the loss of equipment from the house and second get you some alimony.

My advice is to speak with an attorney, even if you have to do it over the telephone, and let us know if you have any other questions. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
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.


I am married to a man that came home and told me he wanted a Divorce. A week later I get our cell phone bill and confront him about the calls on it and he admits to having an affair for the last 4 months. I am extremely hurt and I am on medical leave for a Hysterectomy also. I do not really have the money to fight him in Court, but I really wanted to know what my rights might be. He shows no sympathy for this affair. He keeps taking equipment for the business off the property and I have no idea where he is going with it. I don’t want things to get so bad that I will hate this man, but I don’t want to be walked all over either. Should I let things go and take the easy way out or fight for the house and make him realize what he did is wrong and illegal. I have 3 kids(not his) to think about. He makes more than double my salary and I am barely going to be able to afford it on my own as it is. I can’t afford the house payments on my own, so it looks like me and the kids will have to move somewhere cheap. I have begged him to give us a chance and go for counseling and he says NO! I would appreciate any feedback. Thanks!