What are my rights


#1

You do not have to wait for your husband to “give” you a divorce. However, if there are property issues that need to be addressed, you must resolve these (either by separation agreement or by taking them to court) before a judgment of divorce is entered. You will likely receive credit for servicing the marital debts as you have, and that will be applied to offset the value of any equity in the residence if you were to receive that in the distribution. A new person that you become involved with after the separation but prior to judgment of divorce could be vulnerable to a claim for criminal conversation, but not for alienation of affections.

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 of the same sex. the other man left his wife 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. 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…