What are the legal ramifications if:
The wife has cheated or some other type of sexual misconduct (Can she go after alimony)?
Has visitors of the opposite sex stay the night frequently while the kids are in the house?
Other questions that seem to be in the grey area:
Divorce is about to be filed, house mortgage is in both names, house needs to be sold, husband pays the mortgage and all associated costs, husband has moved out, wife will not move out but cannot afford to pay the mortgage or associated house expenses. What can be done, if anything to get her to move out so the house can be sold?
If Wife is the dependent spouse and Husband is the supporting spouse and Wife commits an act of illicit sexual behavior during the marriage (between the date of marriage and the date of separation), then Wife will be unable to receive alimony from Husband.
Wife having overnight guests of the opposite sex while the children are present tends to be frowned upon, however, unless there is a custody order or custody terms in a separation agreement that state this is not allowed, Wife can do this. It may show in a permanent custody hearing for example, that Wife is unable to make good decisions for the minor children or she is putting her own interests above the minor children’s interests.
Husband would need to file a claim in court for equitable distribution before the absolute divorce is granted in order to address the issue of Wife remaining in the home. A court order can be entered distributed the home to one spouse or the other, and whoever is keeping the home in final equitable distribution is the one that must be financially responsible for it. A court order can also be entered forcing both spouses to sell the home and divide the net proceeds.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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