Leaving the Primary Home


#1

Dear Kriddick,

I am sorry to hear about what you are going through. There is no legal reason you cannot move out, however if you are the primary wage earner you should consult with an attorney before leaving. If your spouse is left without funds to pay his bills there may be an issue of abandonment.

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

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.


#2
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]Dear Kriddick,

I am sorry to hear about what you are going through. There is no legal reason you cannot move out, however if you are the primary wage earner you should consult with an attorney before leaving. If your spouse is left without funds to pay his bills there may be an issue of abandonment.

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

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.



#3

If I file for legal separation while I am in the house, will it protect me from having him eligible for any further claim on the property? I will make an appt. with my attorney, but have to make a decision on whether or not to pursue the home and spend any more money than the original $500.00 to make a bid.

quote:
Originally posted by KRiddick
[br]My husband had a 4 year internet affair with the same woman with internet and phone sex. I am planning to purchase a property that I can stay in for a while during this difficult time because he will not leave. Can he charge desertion or take anything away from me? Everything is in both our names. I have all the proof. It was an emotionally devastating time. I tried to get him to stop and he continued to lie and continue behind my back. I am not looking for legal separation or divorce at this time, but need to not be in this house. Can I do that?

#4

Dear Kriddick,

There is nothing to file for a legal separation. You are legally separated on the day you begin living in separate residences.

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

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.


#5

Why has the state of NC not done something to include the damage done to marriages due to very long and intimate internet affairs. I have heard it is an indignity, but 33% of divorces are now related to this and the injured spouse can only hope for equitable distribution of the assets after the other spouse’s actions. Is this going to be taken into considerationin the future? THis is not going away and gets worse every day. Thank you for your input. I have an appointment with an attorney tomorrow. If I get a divorce, who would be willing to be an advocate with me to lobby the legislature to do something about these affairs, even if there has been no actually physical touch, but there is sex, deceit, and tremendous mental anguish? Thanks.

quote:
Originally posted by Helena Nevicosi
[br]Dear Kriddick,

There is nothing to file for a legal separation. You are legally separated on the day you begin living in separate residences.

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

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.



#6

Dear KRiddick:

Greetings. First, how are we supposed to know why the state of NC does something or not? Silly - we are not elected officials - ask one of them! [;)]

The laws of alienation of affection and criminal conversation still exist. Good luck.

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.


#7

My husband had a 4 year internet affair with the same woman with internet and phone sex. I am planning to purchase a property that I can stay in for a while during this difficult time because he will not leave. Can he charge desertion or take anything away from me? Everything is in both our names. I have all the proof. It was an emotionally devastating time. I tried to get him to stop and he continued to lie and continue behind my back. I am not looking for legal separation or divorce at this time, but need to not be in this house. Can I do that?