Proof


#1

Dear Christine:

Yes, I believe that you have enough evidence to show that he is currently committing adultery and possibly enough evidence to show that he was doing this during the marriage. In the event that you do take him to court, you can get a copy of his credit card receipts and mobile telephone bills, which may also prove his actions. The bottom line is that you need to know your rights concerning alimony and equitable distribution. I suggest that you invest in yourself and obtain an attorney, even if that means going into debt to obtain one right now. Your husband may be responsible for paying back your attorney fees. Don’t give up! Best luck with this situation.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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

Thanks, Janet. So I can get him for adultery?? I thought I needed more proof. But what can I do to her??? Can she be independently sued?

CHRISTINE


#3

CHRISTINE
i know the feeling .first sit and research criminal conversation and alienation of affection,N.C.G.S. Section 1-52(5).over the net.
i have been looking up this to see if i have a case …there is a lot of infomation.then talk to a lawyer that knows about this ,this firm seems to be good.
good luck and let me know…
bob


#4

Hi Robert, thanks. I have been SO MAD. It sounds like you know how frustrating it is to be so mad all the time. Sometimes I just want it OVER, today, right now! I don’t know much about the law. I assumed I had to wait a year to get a divorce. Is that true, though, if I hvae evidence for adultery, then it should not seem that I have to wait to file…

CHRISTINE


#5

CHRISTINE
the net has a lot of info.i am researching it to see if i have a case.if you could /want email me direct as this is a public site
and i found some information you may be able to use.i do have some questions about nc.as my friends kept telling me betters days are coming.but the first thing you should do is talk to a good lawyer.
bob


#6

Dear Christine & Robert711:

Please note that the actions of criminal conversation and alienation of affection may soon be history in North Carolina. Recently the House passed a bill which would abolish both claims in North Carolina. In the event that the Senate passes the same bill, no one will be able to sue for criminal conversation or alienation of affection in North Carolina. Just wanted to let you know.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.


#7

Oh no! Does anyone know WHEN the Senate might pass this bill?

CHRISTINE[V]


#8

Dear Christine:

We cannot guess when the senate may hear this matter, but I would recommend that if you have a claim that you want to pursue, that you do so now. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.


#9

HI AGAIN ALL, WELL, STILL NOT DONE ANYTHING YET. I AM HESITANT TO MOVE ON THIS,GET SCARED.HE THREATENED TO TRY TO GET SOME OF THE INTEREST OFF MY HOUSE THAT WE ACCRUED WHILE MARRIED. THE HOUSE WAS MY PROPERTY IN MY NAME BEFORE I MET HIM. THAT NEVER CHANGED. I ALWAYS MADE THE PAYMETNS ON IT, TOO, DURING OUR MARRIAGE. I AM WORRIED. CAN HE GET SOME OF MY INTEREST???

CHRISTINE </font id=“blue”>


#10

HI Christine: you prior question is my concern as well… I had house before I was married. I think the spouse is intitled to any appreciation of the house from the date of your marriage. I hoe an attorney can answer for sure, but I do believe, even though you have made the mortgage payments, you made it with marital money and your spouse can get some interest out of the house in a divorse…i hope an attorney clarifies…good luck…I am just deciding myself that I have to divorse and it sickens me…read up , get educated asap and get a good attorney…I am looking for one right now …i posted a thread and hope to get some good names of atty’s I can call…take care , Good luck…cjf


#11

ncga.state.nc.us/html2003/bi … 047v1.html

So I understand that if I have not filed legally in court for alienation of affection and criminal convesation that I cannot/will not be able to use this law once the bill passes?? Pls tell me if I have it right. I am in the separation phase. Can’t I claim, even if this is abolished, that the acts happened BEFORE the law was done away with and my divorce process started before then, too ?

CHRISTINE


#12

Dear Christine:

Greetings. Let me answer both of your last two (2) questions. First, the way I read the new amendments to the law that plan to abolish alienation of affections and criminal conversation is that they are abolishing the right to file for these actions, regardless of when the behavior occurred from which the claims arose. Therefore, I believe that you will not be able to file after the senate acts.

Second, the interest on the separate property may be marital. From the date that you become married, all of your income earned after the date of marriage becomes marital income. Did you pay your mortgage out of this income? If so, the principal reduction in the monthly mortgage payments since the date of marriage through the date of separation may be marital. The best way that I have found to figure out how much this may be is to obtain an amortization schedule from the mortgage company and see how much the principal on the mortgage was reduced. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.


#13

[V]About six months ago a friend of mine told me that she saw my husband with another woman. I didn’t believe her at first. My husband has a job where he has to meet and greet lots of people, but then I saw it for my own eyes!! The way they were looking at each other, it was obvious to me. I was distraught at the sight of the two of them but I drove off and called him immediately on his cell phone! I told him to meet me at the house and then I told him to GET OUT!!! I wanted him to sign legal separation papers but he refused. He was so SMUG it was sickening! I’ve heard that she is coming over to his new residence and that her car is parked there overnight at times. Other than people telling me they’ve seen my husband around town with this woman, how do I get real proof of what they are doing??? Do I have enough already? I can’t afford a P.I. I can’t even afford a lawyer! It’s been six months and we have still had no contact and I am at my wit’s end. I am angry and feel slighted and wronged. I want to get my divorce and show them they cannot treat a person wrongly and get away with it.

CHRISTINE