Military Member Cheating with Best Friend in House


#1

OK while the lawyer gets to respond to your question, I must say am very sorry to hear what happened to you.Please make sure this guy does not get away with anything. Get as much money as possible from the fool, because he is just plain selfish, after all those years of marriage.

Good luck and all the best, and dont forget that this is not the end of life. You will likely live a happier life with him and his trifling friend out of the picture, but you need to hit him where it hurts: the pocket book. Get everythig you can lay your hands on, and DONT move out. Let him be the one to go.

Get a very good lawyer and secure your children’s and your own future.


#2

Dear dee:

Greetings. It sounds to me like you are entitled to alimony, equitable distribution, and maybe child support if you have children. He will more than likely have to maintain you on health insurance until the date of the divorce.

As far as “keeping the marriage” there is no way to stop someone from divorcing you after one year and one day of separation. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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

LET ME ASK THIS THEN, HOW DO THEY DETERMINE SEPERATION? I TOLD HIM I WOULD NOT FIGHT HIM AND RUIN HIS CAREER AS LONG AS HE AGREED TO NOT FILE FOR DIVORCE UNTIL MAY 2007 WHEN HE HITS 20 YEARS SO THAT I CAN HAVE HEALTH BENEFITS OTHERWISE I WOULD MAKE IT UGLY. NOW HE WILL BE COMING BACK IN AUGUST OF 2005 FOR 2 WEEKS SO MY UNDERSTANDING IS AS LONG AS WE RESIDE IN SAME HOUSE FOR A DAY IT STARTS FROM THAT DATE. AM I CORRECT? DO SEPERATION PAPERS HAVE TO BE FILED? IF HE IS OVERSEAS CAN HE COME BACK AND SAY THAT WAS THE SEPERATION?


#4

Dear dee:

Greetings. Separation in North Carolina is the date that you both start living separate and apart and at least one of you has the intent that the separation will be permanent. Now, let’s say that he leaves for 6 months, tells you he intends the separation to be permanent, comes home for 1 week, and leaves again. In my scenario, unless there has been language about reconciliation between the two of you, I think it will be hard for you to say that you are reconciled by him returning to your home for one week. No, if he comes back for one day, that does not mean that the separation has ended. Yes, by going overseas you are living separate and apart.

My suggestion is that you sign a separation agreement with him that obligates him to provide medical insurance for your benefit for the remainder of your life, that way he will likely not file for divorce prior to the twenty years of service, since it would mean that he would have to pay your insurance out of pocket. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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

Posted - 12/31/2004 : 02:24:48

Help! My husband informed me 23 Dec. that he wanted a seperation after 19 years of marriage. complicated issue and i need to know what I can get. he has fallen in love with my best friend of 25 years who moved in with us 7 years ago because her husband walked out on her and 2 boys. we have lived together as 1 family for this time and they fell in love approx. 3 years ago and have been having an affair for about that long. i do not want this divorce. he is leaving for iraq in 3 weeks. he makes over $80,000 and she makes $50,000. i make about $25,000 and i have fibromyalgia which affects and will affect my ability to work. i can’t get other health insurance and my medication is $1400 a month without insurance. i have therapy 2x a week and related appointments. he told me i had a bachelor’s degree and to find a better job. i can’t find a job with the flexibility of going to 2 to 4 appt a week. we own/mortgage 2 houses. the deeds are in all 3 names and the mortgages is in his. he told me i could have the rental house. credit cards i’m not worried about we have 1 in his name with a balance.i told him i wasn’t leaving this house until he returns in jan 2005. we do not want the boys to know. our son is a freshman in college. what am i entiteled to? i need 1/2 his retirement to secure my health benefits. he has been in 17 years and 8 months. please help i am devasted. this happened 1 hour before my grandmother/mother passed away. i went by myself to the funeral and returned tonight to " how was your drive home and nothing else excpet turn the radio down and he is now sleeping on the couch.