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
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.