First, you should read our website at rosen.com/ppf/ID/37/alien.asp#conversation to find out more about alienation of affections and criminal conversation. You don’t want to put yourself in a position to be sued by her husband.
Second, it sounds like she needs to head to Social Services and pursue a child support order. At least then she can get some financial help, and possibly some retroactive support since her husband is not paying her anything. It can be taken from his paychecks if he is working.
Since there are still some property issues to deal with, I think she should talk to an attorney in her area about having a separation agreement drafted. She should also talk about the details of filing for divorce right now. She can only file if they have been separated for 1 year, and if there are still property issues to be dealt with, she needs to handle that before she files for divorce. If she does not handle the property issues before the divorce, she will lose the right to do so after the divorce is final.
I hope that helps!
Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
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.