What can I expect?

I’m glad to see that you want to be able for this to be amicable but are willing to accept that it may not be possible.
Worse case scenario…your wife gets primary custody, child support accordingly, alimony, the marital home which is possibly considered separate property anyway, most of the items from the home and the vehicle of her choice. Run the child support calculator on the home site with all situations figured for…
The best scenario for your child is joint legal and physical custody with equal time. Your wife may be entitled to post separation support or alimony for a period of time. This would be to support her during her transition back to the work force. If you can get an agreement with her as to what you would be willing to pay and a time frame for that support, custody and child support it’s possible that this could remain amicable. Since you have attempted counseling, it may be that your wife would come to understand that you did try to make this work and that to save both of you being unhappy this is the only alternative. Eventually, she would be unhappy also, if she isn’t already.
Good Luck

Unfortunately, it is impossible to answer this question. I cannot tell you what kind of outcomes you would be looking at without reviewing your case specifically. We do offer several free seminars per month and you may want to attend one of those to get an overview of divorce law.

As long as you are an active and involved parent, you will get custodial time with your daughter. You would most likely receive one of the vehicles. You may have liability for child support and alimony.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

My wife and I haven’t been getting along for about a year now, and we’re trying counseling. She still thinks the marriage is salvageable but I’m to the point where I have no desire to stay in the relationship and I’m ready to move on. I haven’t cheated and there is no one else; I’m just unhappy in the relationship and I’m not in love with her.

When we got married she already owned her own home, which I moved into, and we’ve been married for 3 1/2 years. We have a 2 year old daughter together, and she was employed when we got married but is now (and has been for 2 1/2 years) a stay-at-home mom. Since then, for the most part I’ve made just enough money for us to get by but recently the money has been really good (although it’s just temporary; I am commissioned so it comes and goes). We have next to no debt; we paid off all of our credit cards recently and all we have is the house payment and two vehicle payments (both vehicles are in both of our names).

Having said all that, when we seperate, I’m curious as to what I can expect. I don’t want it to be ugly; she’s a good person and a good mother, and I would completely want to help her during the transition while she looks for a job. All I really want is joint custody of our daughter and one of the vehicles, obviously. However, as she is the primary caregiver of our kid, and she’s been at home for almost 3 years now, if she wanted to make this ugly, what would the worst case scenario be legally/financially/custody-wise? Thank you!