Proof of Adultry. . . where to go from here

North Carolina Divorce Law Divorce and Separation Answers
1

Dear flutterby83:

Greetings. Tell your friend thank you for me, as I respect everyone in the military. Now first, it does not matter whose name is on the debt, all debt created during the marriage is marital. Eventhough the debt is in his name, half of it is her responsibility. She should be paying him monthly payments on her debt obligation.

If she makes more than him, he may be entitled to alimony, but after 2 years it would not be worth the cost to him.

As far as the child, he should petition for a blood test, which he has the rights to. The birth certificate without his name should be enough for the military.

Finally, he needs an attorney. She needs to refinance the automobile or sell it. Best of luck and have him call us if he needs help with this situation.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.

2

Good morning, I am writing this on behalf of a friend. He was married for 2 years, and suspected his wife was cheating, but had no proof as he is in the military and was gone a lot. Over the course of their relationship, he acquired many debts such as vehicles, snow-mobiles, personal loans etc for HER. They were all in his name and he fully understands they are his debts. Anyways, she is now pregnant with SOMEONE ElSE’S child. She left, he kept the house and all the debt. My question is, what’s the best way to go about all this. Should he just try to do a quick divorce or could he possibly take her to court to get alimony, or atleast make her pay for her own insurance. As he is in the military, he HAS to provide insurance for her and her child until they are divorced, or he gets a blood test to prove it’s not his child. She is saying she won’t do that, because she wants to keep the insurance. Is there any way to MAKE her have a blood test. The child is going to have it’s father’s last name so that kinda proves it right there, but isn’t good enough for the military. He is also paying for her car. The car is in her name, and the loan in his, so basically he pays her car note every month. Poor guy, he needs lots of help and doesn’t know where to start.