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#1

Aggravated:

  1. If your husband moved out without your agreement, yes, this is considered abandonment.

  2. You do not need to refinance the home in your name in order to obtain a divorce. Please note: Prior to obtaining a divorce there are a number of issues you may want to consider:
    -Once you obtain the divorce, you will lose your claim for alimony and the abililty to distribute the property, which includes debts.

  3. Yes, in North Carolina you are still legally married and you do run the risk of a criminal conversation charge against your friend. Normally, these claims are extremely expensive and unless your friend is financially well-off, it will probably cost your husband more than what it is worth to go to civil court.

As an aside, you may want to have an initial consultation with an attorney in your area to review the specific facts in your case. An alternative you may also consider attending a local divorce seminar. Our firm offers seminars. There you may speak to an experienced attorney and obtain the basics on divorce in North Carolina.

Good luck!

quote:
Originally posted by aggravatedinNC
after almost 2 yrs of marriage, my husband moved out of our home, of his own choice, to move in with someone else. the other person left their spouse and children so that the two of them could live together. at this point, we have lived separately for almost three years, during which time, i have paid all the bills and done all the upkeep on the house with no assistance from him. is this considered abandonment? he has told me that he would give me a divorce if i got the house refinanced in my name alone, however, it is a single-wide, and i cannot find a lender who will do a re-fi on it. i realize that i can serve him with divorce papers, even if he is refusing, but my parents loaned us money to buy the home, and i am afraid that i would be forced to sell it for less than what is owed, or even exactly what is owed, and not be able to repay my parents. i have considered that it might would sell for more than the balance owed, but if that were the case, would he be entitled to half of the overage, or would the debt to my parents be paid first? there are no children, and i have paid off debt that he incurred before he left using joint credit cards. also, we have never signed a legal separation document. about a year ago, i met a man who is very good to me, that i would like to build a future with, but am i putting him at risk of criminal conversation or AOA charges by continuing to see him? i realize that this is long, but i had to pour it all out at once before i lost my nerve....thank you for any advice you may offer....

Adrian Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1550 direct voice
919.256.1551 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: adavis@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 but a full discussion with an attorney should be undertaken before taking any action.


#2

after almost 2 yrs of marriage, my husband moved out of our home, of his own choice, to move in with someone else. the other person left their spouse and children so that the two of them could live together. at this point, we have lived separately for almost three years, during which time, i have paid all the bills and done all the upkeep on the house with no assistance from him. is this considered abandonment? he has told me that he would give me a divorce if i got the house refinanced in my name alone, however, it is a single-wide, and i cannot find a lender who will do a re-fi on it. i realize that i can serve him with divorce papers, even if he is refusing, but my parents loaned us money to buy the home, and i am afraid that i would be forced to sell it for less than what is owed, or even exactly what is owed, and not be able to repay my parents. i have considered that it might would sell for more than the balance owed, but if that were the case, would he be entitled to half of the overage, or would the debt to my parents be paid first? there are no children, and i have paid off debt that he incurred before he left using joint credit cards. also, we have never signed a legal separation document. about a year ago, i met a man who is very good to me, that i would like to build a future with, but am i putting him at risk of criminal conversation or AOA charges by continuing to see him? i realize that this is long, but i had to pour it all out at once before i lost my nerve…thank you for any advice you may offer…