Separation advice


#1

Need help and advise. My friends husband of 3 1/2 years came home after being out all night with friends (supposedly) 1 week ago has announced he no longer wants to be married and wants a separation immediately. She had no idea and is very devestated.

Below are questions:

  1. does he have the right to ask her to leave immediately, She has been a stay at home house wife for the 3 years they were married, all assets and accounts are in his name, she has no money or access.
  2. he has moved to guest room (on and off) is this considered legally separated since he informed her a week ago that he wanted a separation.
  3. He goes out everynight, no concern of her well being, is he legally able to date other women while the living under the same roof? no agreement has been acknowledged or signed.
  4. According to NC divorce law, is evidence of infidelity admissible and usable in court…as long as proof of it is obtained prior to either party filing for legal separation and/or divorce?
    5.If any infidelity is admissible, are there rules/laws as to the proper way for us to obtain the proof we need? What type/types of proof are admissible (video, cell records, photos, etc.)?
    6.Is there any possible way that that she could also be held liable for any of the debts incurred in attempt to open night club?
    7.What items (as far as property and finances) could she be entitled to a share of, in divorce settlement?
    8.How does alimony work in NC? Is it based his W-2 earnings, Adjusted Gross Income listed on his federal tax filing, or what?
    9.What sort of financial documents and/or proof does she need to get her hands on, in hopes of maximizing the financial settlement she can get?
    10.Is there anything she should be doing right now to help her cause - gathering of documents, dealing with finances, ways of conduct, etc.?

Thanks any advise would be greatly appreciated.


#2

Your friend does not have to leave the home, and I would advise that she does not. He cannot force her out of the home, and absent any fault on her part, a judge will not order her to leave.

North Carolina does not recognize constructive separation (living in separate rooms) and the parties must live in separate residences before the period of separation begins.

He can legally spend time with whomever he wishes, however if he engages in an adulterous affair,(this is illegal) he is only bolstering your friends claim for alimony.

Evidence if infidelity is admissible in court, it can be obtained before or after the separation.

Video, cell records, photos are all acceptable forms of evidence.

If there are debts that were incurred to open a business these debts could be considered martial in nature if the business was intended to be for the benefit of the marriage.

Equitable Distribution presumes that a 50/50 division of the marital property (all assets and debts incurred after the date of marriage and before the date of separation) is equitable.

Alimony awards are made after a consideration of the reasonable needs of the dependant spouse, and the ability of the supporting spouse to pay, considering total gross income and reasonable expenses.

Any documents relating to the income of her spouse, martial expenses, assets and debts your friend can gather will be helpful in completing a financial analysis. The documents she does not have access to can be obtained from her husband.

The best thing your friend can do is to meet with an attorney to discuss her individual case, and to prepare a customized plan of action to ensure her rights are protected.