What should I do?


#1

If your spouse was involved with this individual prior to the date of separation and you believe this person was responsible for damaging the natural love and affection your Wife had for you you may have a claim against the third party for alienation of affection.

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

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 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.


#2

Thanks Helena! But isn’t AoA, CC claims very expensive and if the other third party has nothing then it makes this useless. I mean she has been involved with a total of three gentlemen; guy #1 before the Date of Separation she claims to have cut the relationship off. In March 07, she began a sexual relationship with guy #2 and now currently guy #3 is on/off at the house which she resides with our kids and they are involved in a sexual relationship.

Thanks for your time and support.

Corey Patterson

Corey B. Patterson


#3

What are you asking? If you can file for divorce? If you have to pay everything she asks for? How to make it so she doesn’t have visitors of the opposite sex while your children are in her care? We’d like to help, but we don’t know what you want help with.


#4

You are correct. If the third party does not have any assets, then you are unlikely to recover much money from a lawsuit and they are very expensive.

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

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 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.


#5

Yes! Being that there is no separation agreement filed am I entitled to pay her child support (don’t get me wrong my kids will not want for anything). I’ve been told that I don’t have to pay nothign cause there is no order. I know the AofA is a option but, its too expensive to take a chance like that I might as well let her go. She is just living the good life separated and have her new boyfriend around the kids during this process…

Corey B. Patterson


#6

Unless you both make the exact same amount of money more than likely one of you will end up paying the other some child support. If you can get a reasonable amount into an agreement with any details such as who pays for insurance and the “extras” then you would not necessarily have to go by the state guidelines. Otherwise, if either of you file for child support, the state guidelines are used. You can run the calculator on the home page to see which of you would pay what to the other.
She can have the children around whoever she chooses during separation just as you can as long as they are not in danger. There is a stipulation about not having overnight guests of the opposite sex while the children are in her care, but that is normally only enforced during separation prior to absolute divorce. After absolute divorce, you have no control over this. Sadly, though that clause is put into a lot of separation agreements it is rarely followed by both parties so there’s not a lot of control to start with.
My suggestion on this is that you set the example for your children. Focus on them. Make sure that they know how to reach you. Make sure that they know you are there for them. You can do all of this without talking badly about their mother, though she may not show you the same respect. If you are worried about the children’s safety and well-being around this other man, maybe you should look at primary custody…?


#7

Thanks all of you comment have been a big help and the best of luck to all of you here looking for answers.

CPATT

Corey B. Patterson


#8

I wish you the best of luck.

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

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 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.


#9

Greetings All,

I’ve been married for 14yrs and I have two children ages (10,3). My wife and I are currently separated and she’s pushing hard for the divorce. I was prior military and was recently separated due to medical reasons. I was given a severance pay and retired medically but I’ve managed to land a job back in the government sector. My question is my wife and I have been separated as of Feb 07. Although we live in separate households I recently came back to the primary reidence due to my inability to pay for apartment, mortgage, and child support. There is no separation agreement between the two of us only verbal about support for the kids and visitation. She has since been involved sexually with two gentlemens and I have evidence to prove it and also I’ve been recently told by 3 yr old daughter that she was scared of the gentlemen who sleeps at the house. I confronted my spouse that we are still indeed married and that this was not the action of a person with morals and standards for their children. Just this past weekend I went to her house and was immediately confronted by law enforcement officers who only made a civil statement and told me to leave cause of trespassing. At the same time, I told them the guy was in the house around my children. I know emotions have taken its toll on me with this cause this is something I didn’t want to happen but, its here. I have proof of fraud and forgery, adultry, and alienation of affection and criminal conversation. I was wondering what should I do? Again, thanks for any comments or advice

Respectfully,

CPATT

Corey B. Patterson