No papers and he is dating and having relations


#1

Hello,
My husband moved out on 7/1/2011 on 7/8/2011 he was out with another person. He continues to date and is having relations with these girls. We have no separation papers and he refuses to get some. I cannot afford any, he took everything when he left that we had acquired together. He refuses to help with bills and he made more money that I did. He states that we are legally separated, from the date he moved out and that he can date and do whatever he wishes with no consequences for adultery or spousal support. Is this true


#2

You may begin dating at any time after the separation legally speaking (though engaging in sexual conduct is still adultery until you are divorced). Adultery is only really relevant in the context of spousal support, and what he is doing will likely not have an impact one way or the other on any alimony you are awarded. You could file for alimony, but would have to prove you are actually and substantially dependant on his income to maintain your standard of living.

If he continues to refuse to sign a separation agreement you will need to file suit for Equitable Distribution, Child Custody, Child Support and Spousal Support if applicable. No one, not even the court, can force him to sign an agreement. I would highly recommend hiring an attorney before filing such claims.


#3

I can file the papers myself for Equitable Distribution and Spousal Support. However, I need a general form to go by. Do you have anything?


#4

Some counties have self-serve clinics which offer sample Complaints. I suggest you contact your county courthouse to see if such a clinic is available in your county. You may also want to check out our DIY service which includes an extensive library with sample complaints and other necessary forms. You will need to file a Complaint that includes a specific request for equitable distribution in the prayer for relief.