Legal Separation Modification


#1

That is a tough situation. Have you spoken with an attorney?

There is no such thing as a legal separation in NC. There are separation agreements, but that is just an agreement between 2 people. Binding? Yes.

If your wife is living with someone and they are having sexual relations then she is breaking the law. Getting someone to prosecute her is another matter. This fact could be used against her though.


#2

I agree, especially since the money you are paying for the home and car might be able to be considered post separation support. Read over the paper that you signed again, consult an attorney and find out your options. Even alimony stops upon cohabitation…


#3

Have you signed anything?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

I agreed to a legal separation that requires me to make half of the house (I also own half) her monthy house payment and her car payment. I have done this for 6 months and it appears the house is not selling or showing…which clearly pleases her! In addition, I found out couple of months back that my ex was seeing a man a months before we separated and I (unknowingly, also signed an alienation of affection clause), clearly not knowing what she was up to there either.

My question is my divorce is not final until Decemeber, and these payments are budensome, especially since it is likely another man is living in my house I am paying on monthly. I have asked her to let me buy her out, and she refuses to do that,as well. I believe she may go after my retirement if I do anything, but the cost of this-just the house, is 1400,00 per month and the car is another 600.00.

Do you have any advise?