Separating and Kids

North Carolina Divorce Law Divorce and Separation Answers
1

Dear bladerun28:

Greetings. If she intended to be separated on 4/10 and you were living apart - then that is the date of separation. She needed to have conveyed her intent to you at the time in some fashion. You may be able to use alienation of affection depending on the information you h ave about the affair. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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

I wanted to ask a question concerning my wife leaving me while I’m deployed in the middle east. There are rumors and suspcious activities with her being involved with another man. All that I have is phone records and myspace.com posts. I’ve been deployed since January 18th, she told me she was separating from me on April 10th, what legal date can she use, if I was on duty and was not aware of her plans. We are trying to work on a separation agreement when I get back to split the kids 50/50 when I return here at the end of May. She is not taking much and she has already gotten a place of residence and will be there when I do return. Can I also use the alienation of affection law in this case? If that person has been dating before our separation and after? ANy help and advice about this would be greatly appreciated, thank you.