Question on misconduct


#1

It’s a possibility that you could get an unequal division of assets if there is proof that assets were hidden or liquidated. If your stbx admits to “malicious turning out of doors” or kicking you out, you can request divorce from bed & board and possibly stbx would have to leave the marital home. The judge can make a ruling to allow for a unequal division of assets due to marital misconduct also.

I know that mediation is mandatory in custody cases, but I’m not certain about ED…


#2

Financial misconduct can have an impact on the distribution of property. You will be required to participate in mediation regarding the distribution of the property before the court will hear this matter.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you for responding to the post and answering the question about financial misconduct Helena. I was wondering if you can answer the questions about being kicked out, adultery, and not allowing you back to the residence. I know that judges usually look over some marital misconducts in court cases such as adultery and minor misconducts. But say you have hard evidence on your STBX from recording and documants with what I mentioned above, realistically, how does mediators and judges look at the situation when it comes to ED?


#4

The facts you described will not have an impact on ED unless you can prove that his misconduct had a financial impact on you. You will still be required to participate in mediation.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

If your STBX admits kicking you out, having multiple affiar, liquidating and hiding assets, and not allowing you back to the marital home how does that affect the divorce case. Say if you have you STBX in a position of making them tell the truth because of evidence and witnesses. Does the judge still tell the couple to go to mediation and try to resolve it there? Or does he try to solve the matter by going by the state law of splitting everything 50/50. I know that NC is a no-fault state and ED is split 50/50, but concidering the circumstances, does the judge usually follow by rules and laws if marital misconduct is proven or admitted during the separation.