My spouse cheated, I confronted and said I want to recover our relationship. We did not have any problem before I found out she cheated but just normal family raising two kids I have been doing my job as a father and husband… Nothing wrong but she cheated. (I also have all of the evidences that I can use for law suit; adultery, Criminal Conversation and Alienation of affection)
then after confrontation spouse asks me for divorce but I don’t want to divorce.
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Can she file divorce by herself? if not what is the possible way that she can divorce with me? I am sure she has no reason to show in court for divorce. (but she is just guilty as hell she can’t live with me)
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Only one way that I can sign on paper will be that I am getting Sole custodies for both kids and property. Is this something that I can deal with her for sign on divorce paper?
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I know couple needs to be seperated for 1 year before divorce and it needs some type of agreement following seperation. my cheated spouse can’t walk away without seperation agreement nor bring my child out of my house right? I guess I can accuse her for abandonment if she walk out without agreement?
(1) Yes, she can file for divorce rather you agree or not. However, she cannot do this until you have been separated for one year. She may instead present you with a separation agreement and attempt to workout the details of a separation (including financial and custody) before you actually separate. Or, she may move out and initiate the separation herself.
(2) It is not reasonable to expect to receive sole custody of your children. Absent facts and circumstances to show that one parent is not capable of providing for the reasonable needs and care for minor children, 50/50 is the “norm” for custody schedules.
(3) You may have an argument for abandonment if she moves out of the marital residence and the separation is not mutually agreed upon. A separation can be initiated prior to a separation agreement being put into place. She could also move out of the marital residence and take the children, and you would need to be prepared to file a custody lawsuit against her if a temporary custody schedule could not be worked out.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
So, Without any agreement there is no problem for her to live outside of my house separately or even bring my kids away from me? and my option will be to have lawsuit against her for working out with custody schedule NOT to bring them back home stay with me?
I guess it’s usual to have a deal with her with having the evidences that possibly I can lawsuit against her for committing an adultery? I guess it’s very unusual, but just asking because I am desperate to have kids… and is there ANY possiblity.
If I find out she uses drug… can it be helpful for fight for child custody? Can I collect her hair to run through drug test, is it legally okay?
There is nothing preventing her from moving out and taking the children with her. However, this might not look good on her in court before a judge, but there is no current court order existing that prevents her from doing this.
If you and your wife cannot agree on a custody schedule on your own or with the help of attorneys, then you will have no choice but to file a custody action against her in court.
If you find out that your wife is on drugs, then it would likely help you to be awarded primary or exclusive physical custody. For drug tests, it is best if they are court ordered or mutually agreed upon.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.